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R-05-06-09-10B2 - 6/9/2005RESOLUTION NO. R -05-06-09-10B2 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into a Standard Utility Agreement ("Agreement") with the State of Texas, acting by and through the Texas Transportation Commission regarding the reconstruction of US 79 from County Road 195 to 1,000 feet east of County Road 110, 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 said Agreement, a copy of same 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 suchmeeting 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 9th day of June, 2005. TEST:. L, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50609B2.WPD/sc Form ROW -U-35 Rev. 12/2004 Replaces Form D-15-35, D-15-131, D-15-132, D-15 133, D-15-134 and 13-15-137 GSD -EPC Page 1 STANDARD UTILITY AGREEMENT District: Austin Federal Project No.: N/A ROW CSJ: 0204-01-052 Highway Project Letting Date: May 27, 1999 U -Number: U1-3668 County: Williamson Highway: US 79 From: WCR 195 To: 1,000 Feet East of WCR 110 This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and the City of Round Rock, ("Utility"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway improvements as designated by the State and approved by the Federal Highway Administration within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: install an 18 inch waterline including fire hydrants, water valves and air release valves from Highway Station 220+90.58 to Highway Station 266+38.73 at a minimum depth of four feet; plug and abandon the existing 18 inch waterline; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and/or relocation of certain facilities to the extent as may be eligible for State and/or Federal participation. WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges -Utility's interest in certain lands and/or facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The State will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for State participation. The State and Utility agree that all conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with 23 CFR 645, Subparts A & B and all other applicable federal and state laws, rules and regulations. Utility agrees to supply, upon request by the State, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to State not later than 90 days after completion of the work. When requested, the State will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed 80 percent (80%) of the eligible cost as shown in each such billing. In addition, the State will make a payment, before audit, which will bring the total percentage paid to the Utility up to the 90% eligible cost. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. EXHIBIT 5 ItAu Form ROW -U-35 Rev. 12/2004 Page 2 Alternatively, State agrees to pay Utility an agreed lump sum of $0.00 as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and/or relocations and upon receipt of a final billing, make payment to Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to proceed with the necessary adjustment, removal, and/or relocation. Utility agrees to proceed in such a manner that will not result in avoidable delay or interference with the State's highway construction. Should Utility by its actions cause interference or delay resulting in the imposition of damages upon the State by a third party, Utility agrees to indemnify the State for said damages. The State will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in an approved form and manner, make payment in the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement. Unless an item below is stricken and initialed by the State, this agreement in its entirety consists of the following: 1. Standard Utility Agreement; 2. Plans, Specifications, and Estimated Costs (Attachment "A"); 3. Utility's Accounting Method (Attachment "B"); 4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C"); 5. Statement Covering Contract Work — ROW -U-48 (Attachment "D"); 6. Eligibility Ratio (Attachment "F"); 7. Betterment Calculation and Estimates (Attachment "G"); 8. Proof of Property Interest — ROW -U-1 A, ROW -U-1 B, or ROW -U-1 C (Attachment "H"); 9. Inclusion in Highway Construction Contract (if applicable) (Attachment "I"); and 10. Utility Joint Use Acknowledgment — ROW -U-JUA (Attachment "E"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. The Utility agrees to provide "as -built" plans to the State within ninety (90) days of completion of the adjustment or relocation. This agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. The Utility by execution of this agreement does not waive any of the rights which Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that the Utility agrees to indemnify and hold the State harmless for damage to existing facilities caused by the Utility's conduct. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. Form ROW -U-35 Rev. 12/2004 Page 3 UTILITY Utility:City of Round Rock By: Title: Mayor Date: EXECUTION RECOMMENDED: Austin, Texas District * THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: ** Date: * For locally -executed agreements, ROW Administrator recommends execution; otherwise District Engineer (or designee) . ** For locally -executed agreements, District Engineer (or designee) approves and executes; otherwise ROW Division Director. ATTACHMENT "A" Plans, Specifications, and Estimated Costs kN3YY35 011111 .05 OO+bZZ'V!S 3NIl HIV I I I • I POT 215+00.00 OT 215+00.0 g • • • • • ._ mi • A m • • • •• • • •■ ■ • • • • • m_ •• •0 • 1- Z J _1 Lt W W Z 0 Y CJ 33 0 Q Z O Z - W O 1 - vs o 1- w <x In M w O w o I- SEYZ I-I-IZ w N Id 3 Z W W w 2 o 3 UJ I- r-oa O w z 3ma-- UT IL TY PLAN 2228 '2222 N NFFFF O O O O O O O O Haan EEEE p2 150 02Il2I5 5000/22/00 000't0101515\S31111I10\010-L£IS\6661,1 ri 00+L£Z 'VIS 3N11 H01VW AtlMNNtld 1'1313aVH LLN3VOS OS OO+1ZZ VIS 3N11 HP1VV Wd 06=12:1 100220/£0 N00 001(ILLIS\53111111(1\oro-ILLS\866[\n 11310S1 '1U3 3 OO+OSZ "VIS 3N11 H�1tl4 OO+L£Z 'V1S 3NI1 H3IVW UTILITY PLAN 00 Ad 00:0Z :1 s0oz/z/£0. N00'001010100001011100\0I0-1£Is\8661\:l Q US 79 WESTBOUND WED� _ N 63_ 37' 23.18 E �6_44243Z _ ._ _ _ _ _ _ N 63_37_23.27" _E T _ _ _ .._,. _ - - 245+00 6,424.35' 25C I I I I I I 006 241.63.14 r ` 4 665.50 4'' MIN, DEPTH I 4' MIN, DEPTH 001' I w f � i I W I I 4 OO+L£Z 'V1S 3NI1 H3IVW UTILITY PLAN 00 Ad 00:0Z :1 s0oz/z/£0. N00'001010100001011100\0I0-1£Is\8661\:l 0 01 0,1 CO 0 CC 64e•ts3N11HDIm TELEPHONE EASEMENT PVI ELEV 655.50 _— VOL, 639, PG. 597 4 MIN. DEPTH PROPOSEDERLINEI0 < WAT .\, |;}( ` I . . j 1• . : 1• . |: 1 I t _ /PARCELTQ - -I ------ ---------— Q US 79 WESTBOUND MEM __ — — CI EXIT. 6,0.9. r' _ .,_ _ — _ — _ — _ T_ — _ — _ —, — . — _ ,_ _, 7 US 79 EASTBOUND { _ . .. - — _ — _ — _- - — .. _. _ _ — _ — . 00 2555+00 "— —• — _ — _ _. _ ,_ _ ,_ . _. — _ ._'. " — . — — — 260+00 EXIST. P.O.W.J EXIST. EDGE OF PVMNT, 1 R 1 k R R 1 1 R R R P P 1 R W 1 R P 1 R P e N 7 7 1 7 7 7 n e n e e e e e e. e, e n e n n n n n, n n e e n n. n ._. n -..n. e_ a ne n e n e n n e e...;. ......................... � • • • # • • • . # : # . : : • # • : : 01010 Q WV X CC 030W WU 0 r-QO W NQ OM M. to -0 oO O Nz = Z � W JW QJ0 JO < 0O W U p Z 0 0 00+9LZ 'V1S 3NI1 NO1 1N3Nl35V3I 3111110. .05 • • • Le - .Hili xl Cy - 00+£9Z *VIS 3NI1 H01VPF UTILITY PLAN DATEt05/Z2/2005 21 0396.a S002/n/E0 500'S0101£0\537111110\O t0-1£IS\8661\�1 ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 In -Kind Replacement Estimate DESCRIPTION UNIT QTY UNIT COST EXT COST Mobilization, complete L.S. 1 $5,000.00 $5,000.00 Trench safety systems, all depths, complete in place L.F. 4846 $2.00 $9,692.00 18" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 4638 $65.00 $301,470.00 16" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 102 $60.00 $6,120.00 18" waterline (ductile iron Class 250) in bore, complete in place L.F. 144 $350.00 $50,400.00 8" waterline including excavation and backfill, complete in place L.F. 0 $40.00 $0.00 27" steel casing pipe for installation of 16" waterline, complete in place L.F. 57 $50.00 $2,850.00 18" iron body gate valve w/ box, complete in place EA. 4 $6,000.00 $24,000.00 16" iron body gate valve w/ box, complete in place EA. 1 $5,000.00 $5,000.00 8" iron body gate valve w/ box, complete in place EA. 1 $600.00 $600.00 18" by 16" tapping sleeve and valve w/ box, complete in place EA. 1 $8,000.00 $8,000.00 Fire hydrant assembly w/ ductile iron lead, gate valve w/ box, complete in place EA. 10 $2,000.00 $20,000.00 2" automatic air release valve w/ box and cover, complete in place EA. 1 $2,000.00 $2,000.00 Ductile iron fittings (AWWA C-110), complete in place TON 1.8 $4,000.00 $7,200.00 Connection of existing 8" line, complete in place L.S. 1 $600.00 $600.00 TOTAL: Consulting Engineer Estimate $442,932.00 DESCRIPTION MANHOURS DIRECT LABOR OVERHEAD FIXED FEE MAX. AMOUNT PAYABLE 18" Water Line Relocation 434 $11,186 $ 19,165 $ 3,794 $ 34,145 TOTAL: $ 34,145 Replacement Right-of--Wav (Easement) - Parcel #1 RIGHT-OF-WAY COSTS AMOUNT Right -of -Way Services $ 1,201 Recording $ 5 Deed Fees $ - Legal Fees $ 258 Land (Easement) Acquisition $ 63,970 TOTAL: $ 65,434 ATTACHMENT "B" Utility's Accounting Method D Actual Cost Method of Accounting The utility accumulates cost under a work order accounting procedure prescribed by the Federal or State regulatory body; and the utility proposes to request reimbursement for actual direct and related indirect costs. ❑ Lump Sum Method of Accounting Utility proposed to request reimbursement based on an agreed lump sum amount supported by a detailed cost analysis. ® Alternative Method of Accounting The utility accumulates costs under an accounting procedure developed by the utility and approved by the State; and the utility proposes to request reimbursement for actual direct and indirect costs; and the utility owner is a municipality. ATTACHMENT "C" Utility's Schedule of Work and Estimated Date of Completion Start Date: September 27, 1999 Duration: 12 Weeks Estimated Completion Date: December 17, 1999 ATTACHMENT "D" Statement Covering Contract Work of Trartspert•tb Form ROW -U-48 Rev. 12/2004 Replaces Form D-15-48 GSD -EPC Page 1 of 1 STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK (AS APPEARING IN ESTIMATE) District: Austin County: Williamson Federal Project No.: N/A U -No. U1-3668 ROW CSJ No.: 0204-01-052 Highway No.: US 79 I, Nyle Maxwell, a duly authorized and qualified representative of the City of Round Rock, hereinafter referred to as Owner, am fully cognizant of the facts and make the following statements in respect to work which will or may be done on a contract basis as appears in the estimate to which this statement is attached. It is more economical and/or expedient for Owner to contract this adjustment, or Owner is not adequately staffed or equipped to perform the necessary work on this project with its own forces to the extent as indicate on the estimate. Procedure to be Used in Contracting Work ® A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. O B. Solicitation for bids is to be accomplished by circulating to a list of pre -qualified contractors or known qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Such presently known contractors are listed below: 1. 2. 3. 4. 5. O C. The work is to be performed under an existing continuing contract under which certain work is regularly performed for Owner and under which the lowest available costs are developed. (If only part of the contract work is to be done under an existing contract, give detailed information by attachment hereto.) ❑ D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the estimate in order to obtain the concurrence of the State, and the Federal Highway Administration Division Engineer where applicable, prior to taking action thereon (approval of the agreement shall be considered as approval of such proposal). ❑ E. The utility plans and specifications, with the consent of the State, will be included in the construction contract awarded by the State. Signature Date Title ATTACHMENT "E" Utility Joint Use Acknowledgement T of �.prtimnt on Form ROW-U-JUAA Rev. 12/2004 Replaces Forms D -15-24A and D -15-80A GSD -EPC Page 1 of 2 UTILITY JOINT USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT District: Austin Federal Project No.: N/A ROW CSJ: 0204-01-052 Projected Highway Letting Date: May 27, 1999 U -Number: U1-3668 County: Williamson Highway: US 79 From: WCR 195 To: 1,000 Feet East of WCR 110 WHEREAS, the State of Texas, ("State"), acting by and through the Texas Department of Transportation ("TxDOT"), proposes to make certain highway improvements on that section of the above -indicated highway; and WHEREAS, the the City of Round Rock, ("Owner"), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto. NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties mutually agree as follows: It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this Acknowledgement shall serve to modify or extinguish any interest vested in Owner in the event the current facilities are retained, altered, modified, added to, or constructed on additional facilities presently located within the above described area. This interest is retained provided that if existing facilities are to be altered or modified, or new facilities constructed within said area, the Owner agrees to notify TxDOT at least 30 days prior to the beginning of construction, and to furnish necessary plans showing location, type of construction and methods to be used for protection of traffic. If, in the opinion of TxDOT, such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements could endanger the traveling public using said highway, or be contrary to the recitals as set out above, TxDOT shall have the right to prescribe such regulations as deemed necessary to rectify the problem. These regulations shall not, however, extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. If Owner's facilities are located along a controlled access highway, Owner agrees that ingress and egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Owner's facilities are located in medians or interchange areas, access from the through -traffic roadways or ramps will be allowed by permit issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic roadways and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such repairs are initiated and adequate provision is made by Owner for the convenience and safety of highway traffic. Except as expressly provided herein, the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public. If Owner's facilities are located along a non -controlled access highway, the Owner's rights of ingress and egress to the through -traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public. Form ROW-U-JUAA Rev. 12/2004 Page 2 of 2 Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with applicable laws of the State of Texas. If applicable, Owner will, by written notice, advise the State of the beginning and completion dates of the adjustment, removal, or relocation, and, thereafter, agrees to prosecute such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. At the completion of the adjustment, removal, or relocation, the Owner will deliver a set of "as -built" plans to the State. The Owner and the State, by execution of this Acknowledgement , do not waive or relinquish any right that they may have under the law. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. It is expressly understood that the Owner conducts the adjustment, removal, and/or relocation at its own risk, and that the Owner agrees to indemnify and hold the State harmless for damage to existing facilities caused by the Owner's conduct. The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: City of Round Rock By: Utility Name EXECUTION RECOMMENDED: Authorized Signature Title: Date: District Engineer, Austin District Texas Department of Transportation THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Director, Right of Way Division Date: ATTACHMENT "F" Eligibility Ratio ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 From Utility Relocation Plans: Quantity (L.F.) Sheet No. x of 5 Public Private 1 360 2 1300 3 1300 4 1300 5 320 TOTAL = 0 4580 Private L.F.= 4580 Public L.F.= 0 Grand Total L.F.= 4580 Length of line in an easement = 4580 Total length of line = 4580 Eligiblity Ratio = length of easement 4580 total length 4580 Eligibility Ratio = t ATTACHMENT "G" Betterment Calculation and Estimates ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 DESCRIPTION UNIT IN-KIND REPLACEMENT BETTERMENT QTY UNIT COST EXT COST QTY UNIT COST EXT COST Mobilization, complete L.S. 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00 Trench safety systems, all depths, complete in place L.F. 4846 $2.00 $9,692.00 4846 $2.00 $9,692.00 18" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 4638 $65.00 $301,470.00 4638 $65.00 $301,470.00 16" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 102 $60.00 $6,120.00 102 $60.00 $6,120.00 18" waterline (ductile iron Class 250) in bore, complete in place L.F. 144 $350.00 $50,400.00 144 $350.00 $50,400.00 8" waterline including excavation and backfill, complete in place L.F. 0 $40.00 $0.00 106 $40.00 $4,240.00 27" steel casing pipe for installation of 16" waterline, complete in place L.F. 57 $50.00 $2,850.00 57 $50.00 $2,850.00 18" iron body gate valve w/ box, complete in place EA. 4 $6,000.00 $24,000.00 4 $6,000.00 $24,000.00 16" iron body gate valve w/ box, complete in place EA. 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00 8" iron body gate valve w/ box, complete in place EA. 1 $600.00 $600.00 3 $600.00 $1,800.00 18" by 16" tapping sleeve and valve w/ box, complete in place EA. 1 $8,000.00 $8,000.00 1 $8,000.00 $8,000.00 Fire hydrant assembly w/ ductile iron lead, gate valve w/ box, complete in place EA. 10 $2,000.00 $20,000.00 10 $2,000.00 $20,000.00 2" automatic air release valve w/ box and cover, complete in place EA. 1 $2,000.00 $2,000.00 1 $2,000.00 $2,000.00 Ductile iron fittings (AWWA C-110), complete in place TON 1.8 $4,000.00 $7,200.00 2.5 $4,000.00 $10,000.00 Connection of existing 8" line, complete in place L.S. 1 $600.00 $600.00 1 $600.00 $600.00 TOTALS: Betterment Ratio = Non -Betterment = j451172-442932) = Betterment 451172 $442,932.00 � $451,172.00 ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 DESCRIPTION UNIT BETTERMENT QTY UNIT COST EXT COST Mobilization, complete L.S. 1 $5,000.00 $5,000.00 Trench safety systems, all depths, complete in place L.F. 4846 $2.00 $9,692.00 18" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 4638 $65.00 $301,470.00 16" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 102 $60.00 $6,120.00 18" waterline (ductile iron Class 250) in bore, complete in place L.F. 144 $350.00 $50,400.00 8" waterline including excavation and backfill, complete in place L.F. 106 $40.00 $4,240.00 27" steel casing pipe for installation of 16" waterline, complete in place L.F. 57 $50.00 $2,850.00 18" iron body gate valve w/ box, complete in place EA. 4 $6,000.00 $24,000.00 16" iron body gate valve w/ box, complete in place EA. 1 $5,000.00 $5,000.00 8" iron body gate valve w/ box, complete in place EA. 3 $600.00 $1,800.00 18" by 16" tapping sleeve and valve w/ box, complete in place EA. 1 $8,000.00 $8,000.00 Fire hydrant assembly w/ ductile iron lead, gate valve w/ box, complete in place EA. 10 $2,000.00 $20,000.00 2" automatic air release valve w/ box and cover, complete in place EA. 1 $2,000.00 $2,000.00 Ductile iron fittings (AWWA C-110), complete in place TON 2.5 $4,000.00 $10,000.00 Connection of existing 8" line, complete in place L.S. 1 $600.00 $600.00 TOTALS: $451,172.00 Note: The Betterment for this project involved adding two new - 8" service connections. ATTACHMENT "H" Proof of Property Interest iY THE STATE OF TEXAS COUNTY OF WILLIAMSON VOL. 25 43PACE 0691 28415 WATERLINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: •§ That The Old Settlers Association, of Williamson County, Texas, a Texas corporation, acting herein by and through J.E. Moore, its duly authorized President, of Williamson County, State of Texas, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, to Grantor in hand paid by the City of Round Rock, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, or encumbrance expressed or implied, is retained, have this day GRANTED and CONVEYED and by these presents do GRANT and CONVEY unto the City of Round Rock, a municipal corporation situated in Williamson County, and whose address is 221 E. Main Street, Round Rock, Texas 78664, a waterline easement for the construction, operation, maintenance, replacement, upgrade and repair of water lines in, upon and across the • following described land, to -wit: All that certain tract, piece or parcel land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. GRANTOR shall place the waterlines at least three (3) feet from the North boundary line of U.S. Highway 79 and at least three (3) feet below the surface. Grantor retains the rights (i) to place a fence along the northern boundary of U.S. Highway 79, and (ii) to construct such driveways, entrance ways, signs, light poles, landscaping and parking facilities within the easement, so long as such improvements do not disturb or interfere with the operation and integrity of the waterlines. The easement shall be used for waterlines only and no surface or above the surface use shall be made of the easement, except for fire plugs which may be placed at locations which do not interfere with Grantors proposed driveways into Grantor's property. Grantor shall not assign any portion of the easement to any other party for any other purpose without the prior written consent of Grantor, which consent may bewithheld if, in the opinion of the Grantor, such assignment would adversely affect the value of or the ability to use the property of Grantor. GRANTOR shall have the right to access the waterlines for service to Grantor's adjacent property. This conveyance is made and accepted subject to all other public utility and telephone easements of record. TO HAVE AND TO HOLD the same perpetually to the City of Round Rock and its successors, together with the privilege at any and all times to enter said premises, or any part thereof for the purpose of constructing operating, repairing said waterline, and for maintaining, connecttionsgtherewithc.i Grantor does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the easement herein granted, unto the City of Round Rock against claims of all persons whomsoever lawfully claiming or to claim the same by, through or under Grantor. CERTIFIED TO BE ATRUE AND CORRECT COPY Fns.TE.R OWN -1- DFFIC►AL RECORDS WILLIAMSON COUNTY, TEXAS • , . la 2543116E0692 GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this Zd day of cina-j,--- , 1994. THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS BY: e-, 1,-y1 ze— TITLE. STATE OF TEXAS ' 1 COUNTY OF WILLIAMSON 1 This instrument was acknowledged before me by J.E. Moore, President of The Old Spttlers Association of Williamson County, Texas, on this the 40V day of 791 , 1994, on behalf of said corporation. mr.rty 1.. OLSON A Kr acumisoi eati: Novaintve 10, 1994 AFTER RECORDING RETURN TO: Fisher Hagood, Inc. 301 Masters Crossing Suite 110 Round Rock, Texas 78681 CERTIFIED TO BE ATRUE AND CORRECT COPY 1414W.0 Poaa NANC?ERSTE, County Oixic Williamson County Notary Public State of Texas L • t • 3 • i THENCE S 25.52' 32" E with the common line of said Tract "C" and Tract "B", 15.00 feet to a point being the South common corner of said Tracts "B" and "C", also being on the North R.O.W. of U.S. Highway No. 79 for the Southeast corner of this tract. CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 VOL' 25431)46E0693 EXHIBIT "A" PROPOSED 15' WATER LINE EASEMENT FIELD NOTES FIELD NOTES FOR 13,476 SQUARE FELT OUT OF THE P. A. HOLDER SURVEY ABSTRACT # 297 IN WILLIAMSON COUNTY, TEXAS ALSO BEING A PORTION OFA TRACT "C' CONVEYED TO OLD SETI1ERS ASSOCIATION IN VOL 1761 PG. 451 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pin found on the North R.O.W. of U.S. Highway 79 of at the Southwest corner of said Tract "C" for the Southwest corner of this tract and the POINT OF BEGINNING. THENCE N 01.46' 59" W with the West line of said Tract "C",16.43 feet to a point for the Northwest corner of this tract. THENCE N 64° 07' 28" E through the interior of said Tract "C", 15 feet North of and parallel to the North R.O.W. of U.S. Highway 79, 895.06feet to a point on the East Line of said Tract "C" also being the West line of Tract "13" conveyed to the City of Round Rock in Vol. 1761 Pg. 451 of the Williamson County, Texas Deed Records for the Northeast corner of this tract. THENCE S 64° 07' 28" W with the North R.O.W. of U.S. Highway 79, 901.77 feet to the POINT OF BEGINNING and containing 13,476 square feet more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision and arc true and correct to tho best of my knowledge and belief. Witness my hand and seal this the 17th day of February, 1994. • s's•• av,t erman Crichton, R.P.L.S. 4046 H MAN CRICHTON 4048 Q• fr.1s. 4.. s'U • CERTIFIED TO BE A TRUE AND CORRECT COP ttf • O/+ ,11.C. J/dA /w : /7 61/4j JG4CE / r IDG' u3,07.00 pc:. /// .d 'TRACT C. Ri 0 0 CAT/ ''IVA/1 0V!/L44' SKETCH TO ACCOMPANY FIELD NOTES FOR A /3,476 SQUARE FOOT WATER LINE EASEMENT OUT OF THE P. A. HOLDER SURVEY ABSTRACT # 297 IN WILLIAMSON COUNTY, TEXAS ALSO BEING A PORTION OFATRACT •CCONVEYED TOOLD SETTLERS ASSOCIATION IN VOL 176I PG. 451 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS. CRICHTON 107 R. wrnhSSS STREET ROUND ROCK. TEXAS 70604 FAX512 24,4-3305 (612) 244-0608 "A' lG. N 4'14, OA 0,. DATE: FED. 11, 1994 10. • " vat. it 45 0695 , STATE OF TEXAS court OF WILLIAfrnN 1 dually cvt!fy that Ws kreLsre-1 vas FILEO on the d2te szi te Almon by me, trd ez1.30E2,7fM le Vie Yoh= and Ite of ta emd ELN.1113 of Clam Coo* Tun as owed tgro) try mi. on OF TEXAS 0UNTY OF WILLIAMSON NANCY E RISTER, COUNTY CLERK, DO 1-17.FEBY CERTIFY THAT THIS IS A TRUE AND .SME APPEARS OF RECORD IN MY CUSTODY: Witness my hand and seal of office on ,NANCY. -E; RISTER, COUNTYCLERK • k IA Foi 9 cou civtgy, VyAS ' By.Sle"1""-V- --1")(") ^ Deputy BE A TRUE AND -.;OPY ESTE, County Clore, " mson County 6- STATE OF TEXAS COUNTY OF WILLIAMSON 0 PARTITION DEED VOL1764PMLE451 6725 : KNOW ALL NEN BY THESE PRESENTS: T the to as "City* and The,Old Settlers Aof ssociationund ,ofereinafter WilliamsonrCou County, Texas, hereinafter referred to as the "OSA", have and hold in common that certain real estate (the "Property"), containing approximately 427.956 acres of land, more further described in Exhibit "A" attached hereto and incorporated herein, and are desirous of making partition of the same: NOW, THEREFORE, in consideration .of the covenants herein contained and the conveyance herein made to effect such partition, it is hereby COVENANTED, GRANTED, CONCLUDED, AND AGREED by, between, and among said parties and each of them COVENANTS, GRANTS, CONCLUDES, AND AGREES, for themselves and their assigns, that a partition of said Property be made as follows, to wit: (1) The said City shall from henceforth have, hold, possess, and enjoy, in severalty, by itself and to its assigns, for its part, share, and proportion of the said Property, free from any and all claims of the other party hereto, all of that certain real estate lying and being situated in Williamson County, Texas, referred to herein as Tract One, containing approximately 316.845 acres of land, and more particularly described in Exhibit *8" attached hereto and made a part hereof for all purposes. And the other party hereto, the OSA, HAS GRANTED, RELEASED, CONFIRMED, AND CONVEYED, and by these presents DOES HERESY GRANT, RELEASE, CONFIRM, AND CONVEY unto the said City, Tract One as described in Exhibit "8" herein. This conveyance is made and accepted subject to easements and outstanding mineral or royalty interests of record, if any, on such Tract One. TO HAVE AND TO HOLD Tract One as described in Exhibit *8", tingeanywiseer ith all belongingand andsanyular right,letitle, andhts dinter stnofcthe OSAinand to adjacent streets, alleys, and rights-of-way, unto the said Citytand its assigns forever= and the OSA does bind itself, and its aqns to WARRANT AND FOREVER DEFEND all and singular Tract One as described in Exhibit "8", unto the said City and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the OSA, but not otherwise. (2) The said OSA shall from henceforth have, hold, possess, and enjoy, in severalty, by itself and to its assigns, for its part, share, and proportion of the said Property, free from any and all claims of the other party hereto, all of that certain real estate lying and being situated in Williamson County, Texas, referred to herein as Tract Two, containing approximately 111.110 acres of land, and more particularly described in Exhibit "C" attached hereto and made a part hereof for all purposes. And the other party hereto, the City, HAS GRANTED, RELEASED, CONFIRMED, AND CONVEYED, and by these presents DOES HEREBY GRANT, RELEASE, CONFIRM, AND CONVEY unto the said OSA, Tract Two as described in Exhibit *C" herein. PROVIDED, HOWEVER, that if the OSA be dissolved by the operation of law, or time, then in that event, the 111.110 acres described as Tract Two, SAVE AND EXCEPT the 2.780 acres described in Exhibit "D" attached hereto and incorporated herein, shall pass to and vest in 4the City of Round Rock, Texas, to be used by the City as a public park under such regulations as The Old Settlers Association of Williamson County, Texas and the City of Round Rock may direct in the event of the dissolution of The Old Settlers Association of Williamson County, Texas. C22DEEDPART OFFICIAL RECORDS TVIWAI SOii c0W1W. TEXAS 0 Z CC m 1- 00 0 iL t�LU W© 0 0 1 ti y01176(61452 This conveyance is expressly wade subject to easements and outstanding mineral and royalty interests, if any, of record on Tract TO HAVE AND TO HOLD the above described Tract Two as described in Exhibit "Co, together with all and singular the rights and appurtenances thereto in anywise belonging to said City unto the said OSA and its assigns forever; and the City does bind itself,and its assigns to WARRANT AND FOREVER DEFEND all and singular Tract Two as described in Exhibit "C", unto the said OSA and to its assigns, against every person whomsoever lawfully claiming or to claim the pane or any part thereof, by, through or under the City, but not otherwise, and subject, however, as aforesaid. WITNESS WHEREOF we have hereunto set our hands this 441 day of , 19� CITY OF ROUND ROCK, TEXAS MIXE ROBINSON, Mayor THE OLD SETTLERS ASSOCIATION OF WILLIAMSOH COUNTY, TEXAS, a Texas on -profit corpor. ion. By: STATE OF TEXAS COUNTY OF WILLIAMSON ernon A. Walton, President This instrument was acknowledged before me on this 911 day of i1 , 1941, by Mike Robinson, 'Mayor, City of Round Rock, Texas. t : RHONDA D. atfr.; t •; Nam iueie. SIIe %micomisomoonNoLau STATE OF TEXAS COUNTY'OF WILLIAMSON d Cackeit Notary Public State ofexas Printed Name: tchnilan pQrhe •t ( 0 My commission expires: -I-Q1 That„, instrument was acknowledged before me on this .ice day of'1/4277,,,,A,00,,,,, I9, , by Vernon A. Walton, President of The Old Settlers iassociation of Williamson County, a Texas non-profit corporation, on behalf of said corporation. Notary Publ , Stat of Texas Printed Na e: My commission expires: 2. LU C5 w CC 0 1 vo�l'76OrrGE453 EXHIBIT "A" PAGE 1 OF 4 FIELD NOTES FOR 427.956 ACRES FIELD NOTES describing 47.7.956 acres of land. being 252.457 acres in the Willis Donaho, Jr. Survey, Abstract No. 173 and 175.499 acres in. the P. A. Holder Survey, Abstract No. 297, situated in Williamson County. Texas/ being all of that certain 425.540 acre TRACT I and all of that certain 2.416 acre TRACT II as described in deeds to The City of Round Rock, Texaa, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas. and to The Old Settlers Association of Williamson a.ounty. Texas, recorded in Volume 1300. Page 492 of said Deed Records, and being more particularly described by metes and bounds as TRACT I and TRACT II as follows: TRACT I (425.540 ACRES) BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113. being* the northwest corner of that certain 47.72 acre remainder of that certain 50 acre tract conveyed to Mrs. Hedwi-g Nelson, Executrix, by deed recorded in . Volume 102, Page 369 of said Deed Records, also being the northeast corner of said 425.540 acre TRACT I. for the most northerly northeast corner and POINT OF BEGINNING of the hereinafter described 425.540 acre TRACT I/ THENCE departing said south right-of-way line, along the west line of said 47.72 acre tract, 502°22'56"E. 2304.86 feet to an iron pin found under a fence, being on a south line of said Donaho Survey, also being the north line of the Joseph Marshall Survey, Abstract No. 409, also being on the north line of that certain 72.5 acre tract conveyed to Round Rock Investment Properties, Inc., by deed recorded in Volume 561. Page 561 of said Deed Records, for the most easterly southeast corner hereof; THENCE along the division line between said Donaho and Marshall -Surveys, being the north line of said 72-.5 acre tract. as fenced, for an interior south line hereof, S86°26'09"W, 869.23 feet to an iron pin found under said fence, being the northwest corner of said 72.5 acre tract, also being the northeast corner of that certain 151 acre tract conveyed to William H. Bright by deed recorded in Volume 387, Page 550 of said Deed Records, for an angle point hereof/ THENCE continuing along said Survey division line, being the north line of said 151 acre tract, as fenced, for an interior south line hereof. S88°11'12"W, 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, also being the northwest corner of said Marshall Survey and an interior corner of said Donaho Survey, for an interior corner hereof: THENCE along the west line of said 151 acre tract, being a division line between said Donaho and said Marshall Surveys, as fenced, for an interior east line hereof, the following two (2) courses' 1.) 809°40'46"E, 1272.40 feet to an iron pin found on the top of a flood control dam. for an angle point hereof' 2.) S16°45'02"E, 346.76 feet to a railroad spike found at the most southerly southeast corner of said Donaho Survey being an angle point on the west line of said Marshall Survey, also being the northeast corner of the P.A. Holder Survey, Abstract No. 297, for an angle point hereof/ THENCE continuing along the west line of said 151 acre tract, being a division line between said Marshall and said Holder Surveys. as fenced. for an interior east line hereof, the following two (2) courses: I.) S02°16'27"E. 472.98 feet to an iron pin found for an angle point hereof/ 2.) S03°23'18"E. 488.13 feet to a point in the centerline of Chandler Branch, for an interior southeast corner hereof/ I• V011 60PACE454 EXHIBI? "A" PAGE 2 OF 4 Field Notes For 427.956 Acres (continued) THENCE along the centerline of said Chandler Branch, with its meanders, the following fifteen 115) couraest 1.) 887°21'43"W. 72.80 feet to an angle point hereof, 2.) 856°22'43"W. 75.88 feet to an angle point hereof, 3.) 578°43'43"W. 179.65 feet to an iron pin found for an angle point hereof, 4.) S50°54.0"W, 206.39 feet to an angle point hereof, 5.) 525°05'34"E. 100.00 feet to an angle point hereof, 6.) S18°55'26"W. 249.19 feet to an angle point hereof/ 7.) 841°44'26"W, 500.14 feet to an angle point hereof, 8.1 808°59'26"W. 215.99 feet to an angle point hereof, 9.) S34°07'26"W. 180.91 feet to an angle point hereof, 10.) 867°53'26"W, 274.40 feet to an angle point hereof, 11.) 876°43'26"W, 285.33 feet to an angle point hereof' 12.) N55°27'43"W. 248.37 feet to an iron pin found for an angle point hereof r 13.) N88°37'06"W, 137.38 feet to an angle point hereof, 14.) N61°33'05"W, 439.40 feet to an angle point hereof/ 15.) S87°36'55"14, 241.90 feet to a point in said centerline, being the northwest corner of a portion of the remainder of that certain 160.65 acre tract of land conveyed to Bertil Telander, et al, by deed recorded in volume 517. Page 556 of said Deed Records, for an interior corner hereof/ THENCE along the west line of the remainder of said 160.65 acre tract. for the east line hereof, the following four (4) courses: 1.) S05°57'55"W. 215.35 feet to a nail found in an oak tree at the end of a fence, for an angle point hereof/ 2.) along said fence. S02°06'56"E, 965.75 feet to an iron pin found at a fence corner poet. for an angle point point hereof, 3.) along said fence. S88°46'05"w, 16.49 feet to an iron pin found at a fence corner post. for an angle point point hereof, 4.) along said fence, S01°29'38"E, 794.81 feet to an iron pin found at 8 fence corner post on the north right-of-way line of U.S Highway No. 79, a one -hundred (100) foot wide right-of-way, for the most southerly southeast corner hereof/ THENCE along said north right-of-way line, as fenced, for the most southerly line hereof, S63°39'57"W, 1097.78 feet to an iron pin found at the southeast corner of the remainder of that certain 46.838 acre tract conveyed to James M. Foley, et ux. by deed recorded in Volume 603, Page 174 of said Deed Records, for the most southerly southwest corner hereof, THENCE along the east line of said 46.838 acre tract. for a west line hereof, the following two (2) courses: 1.) along said fence. NO2°14'30"W, 877.32 feet to an iron pin found for an angle point hereof, 2.) N04°49'32"w, 106.50 feet to a point in the 'centerline of said Chandler Branch, for an angle point hereof/ THENCE continuing along the west line hereof, along the centerline of said Chandler Branch, with its meanders, the following. eight (8) courses: 1.) N65°46.29"E, 195.00 feet to an angle point hereof, 2.) N23°51'29"E. 154.50 feet to an angle point hereof, 3.) N12°56'29"E, 204.50 feet to an angle point hereof/ 4.) N00°20'31"W, 87.30 feet to an angle point hereof/ 5.) N19°48'29"E, 141.01 feet to an angle point hereof: 6.1 N15°02'59"E, 150.80 feet to an angle point hereof, 7.) N10°42'31"W, 258.90 feet to an angle point hereof/ 8.) N75°16'29"E, 98.60 feet to an angle point hereof, • • • 1 Field Notes For 427.956 Acres (continued) 1(01.1 /6OPrGE455 EXHIBIT "A" PAGE 3 OF 4 THENCE continuing along the west line hereof. the following four (4) courses: 1.) N00°00.29"E. 186.40 feet to an Iron pin found under a fence. for an angle point hereof, 2.) along said fence, N01°29131"W. 102.10 feet to an iron pin found under a fence. being the southeast corner of that certain 4.903 acre tract conveyed to Dr. Marvin Cressman by deed recorded in Volume 657, Page 249 of said Deed .records. for -an angle point hereof, 3.) along said fence, N01°24'5914, 348.91 feet to an iron pin found under a fence, for an angle point hereof: 4.) along said fence, N00°39'51"W. 1718.15 feet to an iron pin found at a fence corner post, being on the division line between said Donaho and said Holder Surveys, also being the northeast corner of that certain 37.00 acre tract conveyed to_ Marvin R. Creasman, et ux, by deed recorded in Volume 603. Page 191 of said Deed Records. also being the southeast corner of that certain 107.3 acre tract conveyed to Stark Roofing and Sheet Metal Company by deed recorded in Volume 535, Page 160 of said Deed Records, also being the southwest corner of the remainder of that certain 218.37 acre tract conveyed to Thomas R. Joseph by deed recorded in Volume 514, Page 193 of said Deed Records, for the most westerly northwest corner hereof: THENCE along the south line of said 218.37 acre tract, being the division line between said Donaho and said Holder Surveys, as fenced. for an interior north line hereof. N88°15'37"E, 1603.30 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof: THENCE along the east line of said 218.37 acre tract, as fenced. for a west line hereof, the following four (4) courses: 1.) NO2°21'14"W, 3354.76 feet to a nail found in a 14" hackberry tree, for an angle point hereof; 2.) NO3°57'04"E, 58.57 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof, 3.) N86°31'50"E, 357.51 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof, 4.) N01°08'56"W, 524.08 feet to an iron pin found at a fence corner post on said south right-of-way line of said County Road No. 113, being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier by deed recorded in Volume 908, Page 700 of said Deed Records. for the moat northerly northwest corner hereof; THENCE along said south right of way line, for the north line hereof. the following four (4) courses: 1.) 674938'56"E. 115.23 feet to an iron pin found at a fence corner post, for an angle point hereof: 2.) S86035'23"E, 115.27 feet to an iron pin found at a fence corner post. for an angle point hereof: 3.) N87°24'29"E, 744.72 feet to an iron pin found for an angle point hereof, 4.) N87°25'i8"E. 2591.16 feet to the MINT OF BEGINNING of the herein described TRACT I. containing 425.540 acres of land. TRACT II (2.416 ACRES) BEGINNING at an iron pin found on the south right-of-way line of the Missouri Pacific Railroad, a one -hundred (100) foot wide right-of-way. which southeast corner bears the°above-described 8% 219.14 425.540 acrethemost TRACT southerly, e northeast corner and POINT OF BEGINNING of the hereinafter described 2.416 acre TRACT t yoL1760rAGE456 Field Notes For 427.956 Acres (continued) THENCE along the east line pin found for the southeast THENCE along the south line pin found on said south westerly corner hereof: hereof, S02°12'44.1. 307 corner hereof: hereof. N875506S7'it. 684 railroad right-of-way EXHIBIT °A• PAGE 4 OF 4 .37 feet to an iron .80 feet to an iron line. for the most THENCE along said south right-of-way line, for the north line hereof. N63 39' 57 E, 750.32 feet to the POINT OF BEGINNING of the herein described TRACT II, containing 2.416 acres of land. IN ALL, said TRACT I and said TRACT II, as described herein, containing an aggregate total of 427.956 acres of land. I, Steven D. Xallman, a REGISTERED PUBLIC SURVEYOR. do hereby that these field notes accurately represent the results on -the -ground survey made under my direction and supervision on day of December, 1988. All corners located are as described. HAYNIE & KALLMAN, INC. Le), )) • Ch._ Steven D. Kallman, Registered Public Surveyor No. 3337 1- .' 4 - F9 certify of an the 7th Date Job No. 103-2284-6-A .. . • L voilI6Op ct45( EXHIBIT "B" PAGE 1 OF 6 FIELD NOTES FOR 316.845 ACRES FIELD NOTES describing 316.845 acres of land, being 242.457 acres in the Willis Donaho. Jr. Survey, Abstract No. 173 and 74.388 acres in the P. A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being 314.429 acres out of that certain 425.540 acre TRACT I and all of that certain 2.416 acre TRACT II as described in deeds to The City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Association of Williamson County, Texas, recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as TRACT I, TRACT II and TRACT III as follows: TRACT I - 304.738 ACRES (BEING 314.738 ACRES SAVE AND EXCEPT 10.000 ACRE YMCA TRACT) BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113, being the northwest corner of ,that certain 47.72 acre remainder of that certain 50 acre .tract conveyed to Mrs. Hedwig Nelson, Executrix, by deed recorded in Volume 102. Page 369 of said Deed Records, also being the northeast corner of said 425.54 acre TRACT I, for the most northerly northeast corner and POINT OF BEGINNING of the hereinafter described 304.738 acre TRACT Ip THENCE departing said south right-of-way line, along the west line of said 47.72 acre tract, S02°22'56"E, 2304.86 feet to an iron pin found under a fence. being on a south line of said Donaho Survey. also being the north line of the Joseph Marshall Survey, Abstract No. 409, also being on the north line of that certain 72.5 acre tract conveyed to Round Rock Investment Properties, Inc., by deed recorded in Volume 561, Page 561 of said Deed Records, for the most easterly southeast corner hereof, THENCE along the division line between said Donaho and Marshall Surveys, being the north line of said 72.5 acre tract, as fenced, for an interior south line hereof, S86°26'09"w, 869.23 feet to an iron pin found under said fence, being the northwest corner of said 72.5 acre tract, also being the northeast corner of that certain 151 acre tract conveyed to William H. Bright by deed recorded in Volume 387, Page 550 of said Deed Records, for an angle point hereof; THENCE continuing along said Survey division line, being the north line Of said _151 acre tract, as fenced, for an interior south Line hereof, S88°11'12"w, 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, also being the northwest corner of said Marshall Survey and an interior corner of said Donaho Survey, for an interior corner hereof, THENCE along the west line of said 151 acre tract, being a division line between said Donaho and said Marshall Surveys, as fenced, for an interior east line hereof, the following two (2) courses: 1.) S09°40'4661E, 1272.40 feet to an iron pin found on the top of a flood control dam, for an angle point hereof, 2.) S16°45'02"E, 346.76 feet to a railroad spike found at the most southerly southeast corner of said Donaho Survey being an angle point on the west line of said Marshall Survey, also being the northeast corner of the.P,A. Holder Survey. Abstract No. 297. for an angle point hereof? THENCE continuing along the west line of said 151 acre tract, being a division line between said Marshall and said Holder Surveys, as fenced, for an interior east line hereof. the following two (2) courses: 1.) S02°16.276E, 472.98 feet to an iron pin found for an angle point hereof, 2.) S03°23'18"E, 488.13 feet to a point in the centerline of Chandler Branch. for an interior southeast corner hereof; fi f 1 VOLT 60PAGE45S EXHIBIT "8' PAGE 2 OF 6 Field Motes For 316.845 Acres (continued) THENCE along the centerline of said Chandler Branch, with its meanders, the following twelve (12) courses: 1.) S87°21'43*W. 72.80 feet to an angle point hereof: 2.) 856°22'43*W. 75.88 feet to an angle point hereof/ 3.) 878°43'43"W, 179.65 feet to an iron pin found for an angle point hereof: 4.) 850°54'20"w, 206.39 feet to an angle point hereof; 5.) 825005'34"E, 100.00 feet to an angle point hereof: 6.) S18°55'26"W, 249.19 feet to an angle point hereof/ 7.) S41°44'26"W, 500.14 feet to an angle point hereof: 8.) S08°59'26"W, 215.99 feet to an angle point hereof/ 9.) 834°07'26"w, 180.91 feet to an angle point hereof/ 10.) 867°53'26"w. 274.40 feet to an angle point hereof: 11.) S76°43'26*W. 285.33 feet to an angle point hereof/ 12.) N55°27'43"w, 37,67 feet to the southwest corner hereof/ THENCE along a west line hereof. N01°44'23"W, 23.11 feet to an iron pin set under a fence on the division line between said Donaho and said Holder Surveys, being the south line of the remainder of that certain 218.37 acre tract conveyed to Thomas R. Joseph by deed recorded in Volume 514. Page 193 of said Deed Records. for an ell corner hereof/ THENCE along the south line of said 218.37 acre tract, being the division line between said Donaho and said Holder Surveys, as fenced, for an interior north line hereof, N88°15'37"E, 112.02 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof: THENCE along the east line of said 218.37 acre tract, as fenced. for a west line hereof. the following four (4) courses: 1.) NO2°21'14"W, 3354.76 feet to a nail found in a 14" hackberry tree, for an angle point hereof: 2.) NO3°57'04"E, 58.57 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof/ 3.) N86°31'50"E, 357.51 feet to a nail found set in concrete at a fence corner poet, for an interior corner hereof: 4.) N01008'56"W, 524.08 feet to an iron pin found at a fence corner post on said south right-of-way line of said County Road No. 113, being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier by deed recorded in Volume 908. Page 700 of said Deed Records, for the most northerly northwest corner hereof/ THENCE along said south right of way line, for the north line hereof, the following four (4) courses: 1.) S74°38'56"E, 115.23 feet to an iron pin found at a fence corner poet, for an angle point hereof: 2.) S86°35'23"E, 115.27 feet to an iron pin found at a fence corner poet, for an angle point hereof/ 3.) N87°24'294E. 744.72 feet to an iron pin found for an angle point hereof: 4.) N87°25'18"E, 2591.16 feet to the POINT OF BEGINNING of the herein described TRACT I, containing 314.738 acres of land, SAVE AND EXCEPT however, that certain 10.000 acre tract of land, being more particularly described by metes and bounds as YMCA TRACT - 10.000 ACRES, attached hereto and made a part hereof for all pertinent purposes, leaving an aggregate total of 304.738 acres of land in the herein described TRACT I. TRACT II - 2.416 ACRES (AREA SOUTH OF U. S. HIGHWAY NO. 79) BEGINNING at an iron pin found on the south right-of-way line of the Missouri Pacific Railroad, a one -hundred (100) foot wide right-of-way, which bears S02°12'58"E, 219.14 feet from the most southerly southeast corner of said 425.540 acre TRACT I, for the northeast corner and POINT OF BEGINNING of the hereinafter described 2.416 acre TRACT II: �. • VOL176O? uE459 EXHIBIT "B" PAGE 3 OF 6 Field Notes For 316.845 Acres (continued) THENCE along the east line hereof, S02°12'44"E, 307.37 feet to an iron pin found for the southeast corner hereof, THENCE along the south line hereof, N87°50'57"W. 684.80 feet to an iron pin found on said south railroad right-of-way line, for the most westerly corner hereof, THENCE along said south right-of-way line, for the north line hereof. •N63°39'57"E, 750.32 feet to the POINT OF BEGINNING of the herein described TRACT II, containing 2.416 acres of land. TRACT III - 9.691 ACRES (HOUSE TRACT) BEGINNING at an iron pin found on the north tight -of -way line of U. S. Highway No. 79. being a southwest corner of a portion of the remainder of that certain 160.65 acre tract of land conveyed to Bertil Telander. et al, by deed recorded in volume 517, Page 556 of said Deed Records, also being the most southerly southeast corner of said 425.540 acre TRACT I, for the most southerly southeast corner and POINT OF BEGINNING of the hereinafter described tract: THENCE along the north right-of-way line U. S. Highway No. 79, for the south line hereof. 663°39'57"W, 196.01 feet to an iron pin set for the southwest corner hereof: THENCE along a west line hereof, the following three (3) courses: 1.) N26°20'03"W, 278.33 feet to an iron pin set at the PC of a curve to the right having a radius of 363.00 feet and a central angle of ,56°16'13"t 2.) along the arc of said curve 356.50 feet, the long chord of which bears N01°48'03'E. 342.35 feet to an iron pin set at the PT of said curvet 3.) N29°56'10"E, 191.62 feet to an iron pin set for an interior corner hereof: THENCE N82°12'25"W, 269.02 feet to an iron pin set for the moat westerly southwest corner hereof: THENCE along the most westerly line hereof, N04°03'32"E, 354.36 feet to an iron pin set for the most westerly northwest corner hereof: THENCE S87°25'10"E, 147.53 feet to an iron pin set for an interior corner hereof: THENCE SO4°03'32"W, 201.09 feet to an iron pin set for an interior corner hereof, THENCE S82°12'25"E, 190.41 feet to an iron pin set at the PC of a curve to the left having a radius of 587.00 feet and a central angle of 21°35'02", THENCE along a west line hereof, the following six (6) courses: 1.) along the arc of said curve 221.13 feet, the sub -chord of which bears NO9°16'5411E, 219.82 feet to an iron pin net at the PT of said curve: 2.) N01°30'37'W, 245.90 feet to an iron pin set at the PC of a curve to the left having a radius of 287.00 feet and a central angle of 31°28'47"► 3.) along the arc of said curve 157.69 feet. the long chord of which bears N17°15'01"W. 155.71 feet to an iron pin set at the PT of said curve: VOt1 IWPAGE4W EXHIBIT "B" PAGE 4 OF 6 Field Motes For 316.845 Acres (continued) 4.) N32059'259w, 98.67 feet to an iron pin set at the PC of a curve to the- tight having a radius of 313.00 feet and a central angle of 31°44'46": 5.) along arc of said curve 173.42 feet. the long chord of which bears N17° 01 02 w, 171.21 feet to an iron pin set at the PT of said curvet 6.) N01°14'394W. 112.41 feet to a point in the approximate centerline of Chandler Branch, for the most northerly northwest corner hereof? THENCE along the approximate centerline of Chandler Branch, for the north line hereof, the following five (5) courses 1.) N66°28'07"E. 8.25 feet to an angle point hereof: 2.) N44°02.08"E, 43.68 feet to an angle point hereof: 3.) N46°33'54"E, 43.50 feet to an angle point hereof: 4:) N3904243"E, 58:00 feet to an angle point hereof: 5.) N59°06'09"E, 130.63 feet to the northwest corner of the remainder of said 160.65 acre tract, for the northeast corner hereof? THENCE along the west.line of the remainder of said 160.65 acre tract. being an east line of said 425.540 acre TRACT I. for the east line hereof, the following four (4) courses: 1.) S05°57'55"w, 215.35 feet to a nail found in an oak tree at the end of a fence. for an angle point hereof: 2.) along said fence, S02°06'56"E, 965.75 feet to an iron pin found by a fence corner post, for an ell corner hereof: 3.) along said fence. S88°46'05"w, 16.49 feet to an iron pin found by a fence corner post. for an ell corner hereof: 4.) along said fence, S01°29'38"E, 794.81 feet to the POINT OF BEGINNING of the herein described TRACT III, containing 9.691 acres of land.. 1)1 ALL. said TRACT I, TRACT II and TRACT III, as described herein. containing an aggregate total of 316.845 acres of land. I, Claude F. Hinkle. Jr., a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 7th 'day of December, 1988. All corners located are as described. HAYNIE, KALLMAN & GRAY. INC. (Zr Claud F. Hinkle. Jr.. Regis ered Public Surveyor No. 4629 2/63/J9 Date Job No. 103-2284-6-B • .4 . SAVE AND EXCEPT TRACT YMCA TRACT - 10.000 ACRES VOL1I0PAGE461 EXHIBIT "B' PAGE 5 OF 6 FIELD NOTES describing a 10.000 acre tract or parcel of land, in the Willis Donaho. Jr. Survey, Abstract No. 173. situated in Williamson County. Texas, being a portion of that certain 425.540 acre TRACT I, as described in deeds to The City of Round Rock. Texas, recorded in Volume 1300. Page 489 of the Deed Records of Williamson County. Texas, and to The Old Settlers Association of Williamson County, Texas. recorded in Volume 1300. Page 492 of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113, being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier. by deed recorded in Volume 908, Page 700 of said Deed Records, also being the most northerly northwest corner of said 425.540 acre TRACT I, for the northwest corner and POINT OF BEGINNING of the hereinafter described tract: THENCE along the south right-of-way line County Road No. 113. for the north line hereof, the following three (3) courses: 1.) S74°38'56"E, 115.23 feet to an iron pin found for an angle point hereof: 2.) S86°35'23"E, 115.27 feet to an iron pin found for an angle point' hereof: 3.) N87°24'29"E, 89.64 feet to an iron pin set for the most northerly northeast corner hereof: THENCE along an east line hereof, S02°35131"E, 360.00 feet to. an iron pin set for an ell corner hereof: THENCE N87°24'29"E, 255.71 feet to an iron pin set for the most easterly northeast corner hereof; THENCE along an east line hereof, S02°35'31"E, 493.66 feet to an iron' pin set for the southeast corner hereof; THENCE along the south line hereof, the following five (5) courses: 1.) S87°43'54"W. 83.35 feet to an iron pin set at the PC of a curve to the left having a radius of 376.00 feet and a central angle of 13°45'44"; 2.) along the arc of said curve 90.31 feet, the long chord of which bears 580°51'02"W, 90.10 feet to an iron pin set at the PT of said curve, said point being the PC of a curve to the left having a radius of 304.73 feet and a central angle of 13°51'16'; 3.) along the arc of said curve 73.69 feet, the long chord of which bears S70°48115"w, 73.51 feet to an iron pin set at the PT of said curve. said point being the PC of a curve to the right having a radius of 302.73 feet and a central angle of 11052129"; 4.) along the arc of said curve 62.74 feet. the long chord of which bears 869048'52"W, 62:63 feet to an iron pin set at the PT of said curvet 5.) 87504S'06'W, 298.25 feet to an iron pin set for the southwest corner hereof, EXHIBIT •B• PAGE 6 OF 6 SAVE AND EXCEPT TRACT YMCA TRACT - 10.000 ACRES (continued) THENCE along the west line hereof. N01.08.569, at a distance of 487.46 feet pass a nail found in concrete by a fence corner post at an ell corner of said 425.540 acre TRACT I. and continue in all a total distance of 1011.54 feet to the POINT OF BEGINNING of the herein described tract, containing 10.000 acres of land. . I, Claude F. Hinkle, Jr., a REGISTERED PUBLIC SURVEYOR. do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 7th day of December. 1988. All corners located are as described. HAYNIE. KALLMAN & GRAY, INC. Da Job No. 103-2284-6-B Date t -/e) O voi1760PAcc463 EXHIBIT "C" PAGE 1 OF 4 FIELD NOTES FOR 111.110 ACRES FIELD NOTES describing 111.110 acres of land. being 10.000 acres in the Willis Donaho, Jr. Survey, Abstract No. 173 and 101.110 acres in the P. A. Holder Survey, Abstract No. 297, situated in Williamson County. Texas: being a portion of that certain 425.540 acre TRACT. I. as described in deeds to The City of Round Rock. Texas. recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Association of Williamson Lounty, Texas, recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as TRACT I and TRACT II as follows: TRACT I (101.110 ACRES) BEGINNING at an iron pin found on the north right-of-way line of U. S. Highway No. 79, being the southeast corner of the remainder of that certain 46.838 acre tract of land conveyed to James M. Foley, et ux, by deed recorded in Volume 603, -Page 174 of said Deed Records, also being the most southerly southwest corner of said!425.540 acre TRACT I, for the southwest corner and POINT' OF BEGINNING of the hereinafter described 101.110 acre TRACT I: THENCE along the east line of said 46.838 acre tract, for a west line hereof, the following two (2) courses: i.) along said fence, NO2°14'30"W, 877.32 feet to an iron pin found for en angle point hereof; 2.) N04°49'32'4,, 106.50 feet to- a point in the centerline of said Chandler Branch. for an angle point hereof: THENCE continuing along the west line hereof. along the centerline of said Chandler Branch, with its meanders, the following eight (8) courses: I.) N65°46'29"E, 195.00 feet to an angle point hereof: 2.) N23°51'29"E, 154.50 feet to an angle point hereof: '3.) N12°56'29"E, 204.50 feet to an angle point hereof: 4.) N00°20'319,, 87.30 feet to an angle point hereof: 5.) N19°48'29"E, 141.01 feet to an angle point hereof; 6.) N15°02'59"E, 150.80 feet to an angle point hereof: 7.) N10°42'31"W, 258.90 feet to an angle point hereof: 8.) N75°16'29"E, 98.60 feet to an angle point hereof: THENCE continuing along the west line hereof. the following four (4) courses: 1.) N00°00'29"E. 186.40 feet to an iron pin found under a fence, for an angle point hereof; 2.) along said fence, N01°29'31"W, 102.10 feet to an iron pin found under a fence, being the southeast corner of that certain 4.903 acre tract conveyed to Dr. Marvin Cresaman by deed recorded in Volume 657, Page 249 of said Deed Records, for an angle point hereof: 3.) along said fence, N01°24'59"w, 348.91 feet to an iron pin found under a fence, for an angle point hereof; 4.) along said fence. N0O°39'51"W, 1718.15 feet to an iron pin found at a fence corner post, being on the division line between said Donaho and said Holder Surveys. being the most westerly northwest corner of said 425.540 acre TRACT I, also being the northeast corner of that certain 37.00 acre tract conveyed to Marvin R. Cresaman. et.ux. by deed recorded in Volume 603, Page 191 of said Deed Records, also being the southeast corner of that certain 107.3 acne tract conveyed to Stark woofing and Sheet Metal Company by deed recorded in Volume 535. Page 160 of said Deed Records.. also being the southwest corner of the remainder of that certain 218.37 acre tract conveyed to Thomas R. doaeph by deed recorded in Volume 514. Page 193 of said Deed Records, for the northwest corner hereof; Ilk vi tlI60PKGE464 EXHIBIT "C" PAGE 2 OF 4 Field Notes For 111.110 Acres (continued) THENCE along the south line of said 218.37 acre tract. being the division line between said Donaho and'said Holder Surveys. as fenced, for the north line hereof, N88°15'37"E, 1491.28 feet to an iron pin set for the northeast corner hereof* THENCE along an east line hereof. 801°44'23*E, 3311.54 feet to a point in the centerline of Chandler Branch, being on the north line of a portion of the remainder of that certain 160.65 acre tract of land P 517. age 556toofeaaid Deed Records. afor theemost ed r easterly southeastecorded in ecorner hereof* THENCE along the centerline of said Chandler Branch, with its meanders. the following nine (9) coursess 1.) N55°27'43"W, 211.77 feet to an iron pin found for an angle point hereof; 2.) N88°37'06"w, 137.38 feet to an angle point hereof, 3.) N61°33'05"W, 439.40 feet to an angle point hereof; 4.) 887°36'55"W, 241.90 feet to the northwest corner of said portion of the remainder of said 160.65 acre tract. for an angle point hereof; 5.) 859°06'09"W, 130.63 feet to an angle point hereof; 6.) S39°42'43"W. 58.00 feet to an angle point hereof, 7.) S46°33'54"W, 43.50 feet to an angle point hereof* 8.) S44°02108*W, 43.68 feet to an angle point hereof; 9.) 866°28'07"W. 8.25 feet to an angle point hereof; THENCE along an east line hereof, the following six (6) courses: 1.) S01 l14 39 E, 112.41 feet to an iron pin set at the PC of a curve to the left having a radius of 313.00 feet and a central angle of 31°44'46"t 2.) along the arc of said curve 173.42 feet, the longchord of which bears S17°07'02"E, 171.21 feet to an iron pin set at te PT of said curvet 3.) $32°59'25*E, 98.67 feet to an iron pin set at the PC of a curve to the right having a radius of 287.00 feet and a central angle of 31°28'47*t 4.) along the arc of said curve 157.69 feet, the long chord of which bears S17°15'01"E. 155.71 feet to an iron pin set at the PT of said curvet 5.) S01°30'37"E. 245.90 feet to an iron pin set at the PC of a curve to the right having a radius of 587.00 feet and a central angle of 21°35'02"; 6.) along the arc of said curve 221.13 feet, the sub -chord of which bears S09°16'54"W, 219.82 feet to an iron pin set at the PT of said curve; THENCE along an interior line hereof, N82°12'25"W, 190.41 feet to an iron pin set for an interior corner hereof; THENCE along an interior line hereof. N04°03'32"E, 201.09 feet to an iron pin set for an interior corner hereof; THENCE along an interior line hereof, N87°25'10"4, 147.53 feet to an iron pin set for an interior corner hereof; THENCE along an interior line hereof. SO4°03'3294, 354.36 feet to an iron pin set for an interior corner hereof; THENCE along an interior line hereof. S82°12'25"E, 269.02 feet to an Iron pin set for an interior corner hereof* 1 4 VOLl?6OPFGE465 EXHIBIT "C" PAGE 3 OF 4 Field Notes For 111.110 Acres (continued) THENCE along an east line hereof, the following three (3) courses: 1.) S29°56'10"w. 191.62 feet to an iron pin set at the PC of a curve to the left having a radius of 363.00 feet and a central angle of 56°16'13"t . 2.) along the arc of said curve 356.50 feet, the long chord of which bears S01°48'03"W, 342.35 feet to an iron pin set at the PT of said curvet 3.) S26°20'030E, 278.33 feet to an iron pin set on the north right-of-way line of U. 8. Highway No. 79, for the southeast corner hereof, THENCE along the north right-of-way line of U. 8. Highway No. 79, for the south line hereof. S63°39'57"W, 901.77 feet to the POINT OF BEGINNING of the herein described TRACT I, containing 101.110 acres of land. TRACT II (10.000) ACRES BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113, being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier. by deed recorded in Volume 908, Page 700 of said Deed Records, also being the most northerly northwest corner of said 425.540 acre TRACT I, for the northwest corner and POINT OF BEGINNING of the hereinafter described 10.000 acre TRACT II, THENCE along the south right-of-way line County Road No. 113, for the north line hereof. the following three (3) courses, 1.) S74038156"E, 115.23 feet to an iron pin found for an angle point hereof: 2.) S86°35'23"E, 115.27 feet to an iron pin found for an angle point hereof,' .3.) N87°24'29"E, 89.64 feet to an iron pin set for the most northerly northeast corner hereof: THENCE along an east line hereof. S02°35'31"E. 360.00 f• eet to an iron pin.set for an ell corner hereof, THENCE N87°24'29"E, 255.71 feet to an iron pin set for the most easterly northeast corner hereof; THENCE along an east line hereof, S02°35131"E, 493.66 feet to an iron pin set for the southeast corner hereof, THENCE along the south line hereof. the following five (5) courses: 1.1 S87°43'54"W, 83.35 feet to an iron pin set at the PC of a curve to the left having a radius of 376.00 feet and a central angle of 13°45'44"t 2.) along the arc f said curve hich bears 880051102"w, 90.10 feet to an iron 1pin eset t. thatelothengchPT of ord ofwsaid curve, said point being the PC of a curve to the left having a radius of 304.73 feet and a central angle of 13°51'16"t 3.) along the arc of said curve 73.69 feet, the longchord of which bears S70°48'15"W, 73.51 feet to an iron pin seat the PT of said curve. said point being the PC of a curve to the right having a radius of 302.73 feet and a central angle of 11°52'29"1 4.) along the arc of said curve 62.74 feet. the longchord of which bears 869048152"$, 62.63 feet to an iron pin set at te PT of said curvet 5.) 875°45'06"w, 298.25 feet to an iron pin set for the southwest corner hereof, voi.1'760? GL466 EXHIBIT "C" PAGE 4 OF 4 • Field Notes for 111.110 Acres (continued) THENCE along the west line hereof. N01•0B'56"K. at a distance of 487.46 feet pass a nail found in concrete by a fence corner post at an ell corner of said TRACT I, and continue in all a total distance of 1011.54 feet to the POINT OF BEGINNING of the herein described TRACT II, containing 10.000 acres of land. IN ALL. said TRACT I and said TRACT II, as described herein. containing an aggregate total of 111.110 acres of land. I, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 7th day of December, 1988. All corners located are as described. HAYNIE. KALLMAN f GRAY. INC. S Steven D. Kallman, Registered Public Surveyor No. 3337 -D-4-F9 Date Job No. 103-2284-6-8 • FIELD NOTES FOR 2.780 ACRES Vol l 6OP L4B l EXHIBIT -D" PAGE 1 of 1 FIELD NOTES describing a 2.780 acre tract or parcel of land, in the Prior A. Holder Survey, Abstract No. 297, situated in Williamson County. Texan. being a portion of that certain 425.540 acre TRACT I. as described in deeds to The City of Round Rock. Texas., recorded in Volume 1300. Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Aesociation of Williamson County. Texee.-recorded in Volume 1300. Page 492 of said Deed Records, and being more particularly described by metes and bounds as follower BEG/NU/NO at an iron pin found on the north right-of-way line of U. S. Highway No. 79. being the southeast corner of the remainder of that certain 46.838 acre tract of land conveyed to James M. Foley. et ux, by deed recorded in Volume 603, Page 174 of said Deed Records, also being the most southerly southwest corner of said 425.540 acre TRACT I, for the southwest corner and POINT OF BEGINNING of the hereinafter described tract, THENCE along the west line of said.TRACT I, being en eaetiline of the remainder of said 46.838 acre tract, for the west line hereof. NO2°14'30"W, 400.00 feet to an iron pin set for the northwest corner hereof* TttENCE along the north line hereof, N63°39'57"E, 250.00 feet to an iron pin set for the northeast corner hereof, c` rrs ?THENCE along the -west -line hereof. S26°20'03"E, 365.16 feet to an iron --pin set on the north right-of-way line of U. S. Highway No. 79. for the " southeast corner hereof* THENCE along the north right-of-way line of U. S. Highway No. 79, for the south line hereof. 863°39'57"W. 413.28 feet to the P01trP OF BEGINNING of the 'herein described tract. containing 2.780 acres of land. I, Steven D. Millman. • REGISTERED PUBLIC SURVEYOR. do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and.supervision an the 7th day of December. 1988. All corners located are as described. HAYNIE, RALLMAN & GRAY. INC. VI__ Steven D. Millman. Registered Public Surveyor No. 3337 12 —7—CI' Date Job No. 103-2284-6-1 STATE OF TEXAS COUNTY OF WILLIAMSON I hereby certify that this Instrument was FILED on the date and at the time stamped hereon by me; and was duty RECORDED. in the Volume and Page of the named RECORDS of Williamson County. Texa& as stamped hereon by me, an MAR 1 33�l98198899 COUNIY WILLIAMSON COUNTY. TEXAS OF TEXAS WY OF W(LLLAMSE NCY E. RESTER, CO RY CERTIFY THAT zAECT COPY AS SAI • IN MY CUSTODY. Witness my hind and s NANCY E. Ric V_1 UAMS By JNTY CLERK. DO S A TRUE AND PEARS OF RECORD eon a0 -a COUNTY CLERK COUNTY, TEXAS — 7 Deputy • E WATERLINE EASEMENT 28414 VOL. 2543P0a0687`, THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS; COUNTY OF WILLIAMSON ii That Arnold Telander, acting herein by and through flimsdi his duly authorized 0964 of Williamson County, State of Texas, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of One Dollar f$1.00) and other good and valuable consideration, to Grantor in hand paid by the City of Round Rock, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, or encumbrance expressed or implied, is retained, have this day GRANTED and CONVEYED and by these presents do GRANT and CONVEY • unto the City of Round Rock, a municipal corporation situated in Williamson County, and whose address is 221 E. Main Street, Round Rock, Texas 78684, a waterline easement for the construction, operation, maintenance, replacement, upgrade and repair of water lines In, upon and across the following described land, to -wit: All that certain tract, piece or parcel of land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. TO HAVE AND TO HOLD the same perpetually to the City of Round Rock and its successors, together with the privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing said a firewater line, and for making connections therewith. Grantor does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the easement heroin granted, unto the City of Round Rock against claims of alt persons whomsoever lawfully claiming or to claim the same by, through or under Grantor. GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, Its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this Instrument to be executed on this A "day of J 4'P�t, 1994. ARNOLD TELANDER �- BY• TITLE: The State of Texas County of Williamson II This Instrument was acknowledged before me by A ',noir] TP k rtdesr e, ftio 1�9994..� a the 2(141,-. day of MA.r�h (SEAL JULIE CLICK Nolo, Pak, Smte of TOM MyCommirsaenEr ii 9.24.94 ^ -n xx r Notlry �j:blic, State ofxas Printed name :of Notary Public My commission expires the x.6444 day of Seri- r a4 viz, 19 94 AFTER RECORDING RETURN T0: Fisher Hagood, Inc. 301 Heaters Crossing Suite 110 Round Rock, TX 78881 (9l=RTIF1ED TO BE CORRECT COP`° on OFFICIAL RECORDS WILLIIAMSON COUNTY, TEXAS 1 M voi. 2543PAGE0688 CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 EXHB3IT •A' PROPOSED 1S WATER . UNE EASEMENT FIELD NOTES • FIELD NOTES FOR 43,058 SQUARE FEET OUT OF TH$ P. A. HOLDER SURVEY ABSTRACT # 297 IN WIILIAMSON COUNT'y, TEXAS ALSO BEING A PORTION OF TRACTS 1 AND 3 CONVEYED TO AR1':OID'MEANDER IN WARRANTY DEED RECORDED IN VOL. 2129 PG. 744 OF THE WILLI'AMSON COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: at a fence st found on thNorth R.O.W. of U.S. Higw Domer of said Tractl3Gand a tract convey d to William H. Bright in Vol. 7 Pg. 550 f he79tWilianson the SouthCmmon Texas Deed Records for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE S 64° 07' 28" W with the South line of said Tracts 1 and 3 and th. North R.O.W. of U.S. Highway 79, 2870.83 feet to a point being the Southwest corner of said Tract 1 and the Southeast corner of a tract called Tract "B" conveyed to the City of Round Rock in Vol. 1760 Pg. 451 of the Williamson County, Texas Deed Records for the Southwest corner of this tract. THENCE N 01° 03'04" W with the common line of said City of Round Rock tract and said Tielander Tract 1, 1653 feet to a point for the Northwest corner of this tract. THENCE N 64'07 28" E through the interior of said Telander Tracts 1 and 3 on a line 15 feet North of and parallel to the North R.O.W. line of U.S. Highway 79, 287035 feet to a point on the common line of said Tract 3 and a said tract conveyed to William H. Bright for the Northeast corner of this tract. THENCE S 02° 35' 47" E with the common line of said Tract 3 and a said tract conveyed to William H. Bright, 16.33 feet to the POINT OF.BEGINNfNG and containing 43,058 square feet. 1 hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision and are true and correct to the hest of my knowledge and belief. Witness my hand and seal this the 17th d +fFeary, 1994. lite:. FAN CR,L.hh —1 Lerman Crichton, R.P.LS. 4046 CERTIFIED TO BE A TRUE AND CORRECT COPY ��i WILLIAM M. NK/a.r 307/ ) AKM04.0 7 AM: MK * 2V/744 R. NO/X0.7 *O"W cane a.. ' C14mra IP c:re .9.v / AA. tTE:tv4ei 0 m 0. .roLVsy7Y st• vol.2543Pd6E0689 .y'CAGfl: / sI too' .'AIAeo ier'anse ISAW (43,464 3E. Fr) • k 1g 04 SKE1C9i TO ACCOMPANY FIEF NOTES FOR A 43,058 SQUARE FOOT WATER LINE EASEMENT OUT OF THE P. A. HOLDER SURVEY ABSTRACT # 297 IN WII.LIAMSON COUNTY, TEXAS ALSO BEING A PORTION OF TRACTS 1 AND 3 CONVEYED TO ARNOLD TELANDER IN WARRANTY DEED RECORDED IN VOL. 2129 PG. 744 OF THE WILUAMSON COUNTY, TEXAS DEED RECORDS. CRICHTON AND ASSOCIATES • LAND SURVEYORS • 107 N. L%JfPYSAS 5174817 •ROUND ROCK. TLXA3 76004 !A(512 244-305 (612) 24434603 DATE: F. i7, I144 0 � tt�'IamsO 'yam€ "3 '. • i; .01 g i• VOL 2543PA6E0090 STATE Of TEXAS COUNTY OF WILLIALMN I boray curtly istacut was FILED on thi dab sud I* its extpod kteoa bY DK cas datt MOW kt Motu and Pro of tbo Paw MOOS Willannon County Tau a ittanowl b�an by no, on N 7, 1934 • COUNTY CLERK WILLIAMSON COUNTY, MCAS STATE OF TEXAS COt_NTY OF WILUAMSON I, NANCY E. RISTER, COUNTY CLERK DO HF:7=REBY CERTIFY THAT THIS IS A TRUE AND • CORRECT COPY AS SAME APPEARS OF RECORD !1,1Y CUSTODY. ILlitss my hand and seal of office on • 6-A,D'),S NANCY E. RISTg_5, COUNTY CLERK • IAMSONM.0_4__M TEXAS Deputy OERTIFEtTO BE A TRUE AND CORREC. COPY NANCY E,FISTE,Ti, County ciary WiiWi$on Cal* 4 • 6°44,1egtat4447, ;. • :;•••.4,,iZ, 6 voc 2543PAGE 008 28412 WATERLINE EASEMENT THE STATE OF TEXAS I KNOW ALL BY THESE PRESENTS; COUNTY OF WILLIAMSON f 4fp That f 1r,u4Fti/ Z44/11 714 , acting herein by and through r Q P4' .its duly authorized/n4.'.0,7 �J / of Williamson County, State of Texas, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of One Dollar 1$1.00) and other good and valuable consideration, to Grantor in hand paid by the City of Round Rock, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, or encumbrance expressed or Implied, is retained, have this day GRANTED and CONVEYED and by these presents do GRANT and CONVEY unto the City of Round Rock, a municipal corporation situated in Williamson County, and whose address is 221 E. Main Street, Round Rock, Texas 78664, a waterline easement for the construction, operation, maintenance, replacement, upgrade and repair of water lines in, upon and across the following described land, to -wit: AU that certain tract, piece or parcel of land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference Is hereby made for a more particular description of said property. TO HAVE AND TO HOLD the same perpetually to the City of Round Rock and its successors, together with the privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing said a firewater line, and for making connections therewith. Grantor does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the easement herein granted, unto the City of Round Rock against claims of all persons whomsoever lawfully claiming or to claim the same by, through. or under Grantor. GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. J WITNESS WHEREOF, Grantor has caused this instrument to be executed on this cog "'0ay of `7yj , 1994. The State of Texas County of Williamson Thilinstry 7r lent was ecknow a ed before by AWP.) 4 . /1AICI , on the . 02 v4 "' day of , 1994. TITLE:✓a f-7Zot t. JOskimca.piko (Aen 'Irk BareFiti,.,..r Z✓c' ), Nol ryPNOAsiaDDYot T n MyCommic;boExpires DEC.28,1996 ePublic,tate ofxas '--3/2.edl Ae4 Cy LE Printed name of Notary Public / My commission expires the y of id. t,t?�, 19 96. AFTER RECORDING RETURN TO: Fisher Hagood, Inc. 301 Hesters Crossing Suite 110 Round Rock, TX 78681 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 5.1' a. _...- • wog,2543PNEOG79 CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 EXHIBIT "A" PROPOSED 15' WATER LINE EASEMENT HOD NOTES FIELD NOTES FOR 9425 SQUARE FEET • OUT OF THE JOSEPH MARSHALL SURVEY A-409 IN WILLIAMSON COUNTY, TEXAS ALSO BEING A PORTION OF A TRACT CONVEYED TO WILLIAM H. BRIGHT IN VOL 387 PG. 550 OF THE W1L.I.LAMSON COUNTY, TEXAS DEED RECORDS SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a fence post found on the North R.O.W. of U.S. Highway 79 at the South common corner of Tract 3 of a tract conveyed to Arnold Telander in Vol. 2129 Pg. 744 of the Williamson County, Texas Deed Records and said Bright tract for the Southwest corner of this tract and the POINT OF BEGINNING, THENCE N (a2' 35' 47" W with the common line of said Telander and Bright tracts, 16.33 feet to a point for the Northwest corner of this tract. THENCE N 64' 07' 28' E through the interior of said Bright tract on a line 15 feet North of and parallel to the North R.O.W. of U. S. Highway 79, 625.13 feet to a point for the Northeast corner of this tract. THENCE S 25' 52' 32" E, 15.00 feet to a point on the South line of said Bright tract also being on the North R.O.W of U.S. Highway 79 for the Southeast corner of this tract. THENCE S 64°07 28" W with the North R.O.W. of U.S. Highway 79, 624.08 feet to the POINT OF BEGINNING and containing 9425 square feet more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my oupervislon and are true and correct to the beat of my knowledge and belief. Witness my hand and seal this the 17th day of Feb aty, 1994. Herman Crichton, R.P.L.S. 4046 IF- . '► ..._. ,. - .444.0004-4) 0 r .t '• x VOL. �t543PAoE068 ' rtrt.a1443d .S)4 t /74 `,Ltd #9r • ii" s�-! 1� A°. ,vervs.sSv t416.- ro �• SICETC H TO ACCOMPANY WATER LINE EASEMENT , 409 IN WILUAMSON TRACT CONVEYED • WILLIAMSON COUNTY, • pl .,•N° OUT COUNTY, TO WILLIAM TEXAS sesct: MotL.CtAM N. NR/HNT ISI.00 itC. a :�, 4417/ a* 6-09 •014" Oa ....- .-- -" , '1.1 51. 13 �jp Hsssss;nst` s,t 0. ArePwssa ts'wNfiA. �N< <sm,: FIELD NOTES FOR A 9425 SQUARE OF THE JOSEPH MARSHALL SURVEY TEXAS ALSO BEING A PORTION H. BRIGHT IN VOL 387 PO. S500F DEED RECORDS i% too' ,1 j+.4 aft tit Foar A- OF A THE • ,�'CS O,: T 2 i +->, pc !•: . ^��,S ,1 ;•1.: -.- -•. DATE: FLS. 11, 1'144 CRICHTON AND ASSOCIATES LAND SURVEYORS • 109 H. fAMPASAS STREW • ROUND ROCK. TEAS 70114 1AX (6612) 224424--4 STATE OF TEXAS COUNTY OF WILLIAIenti 1 bunny certify tit ells intbumtaI FILED on lbs dta t r'.777s4 bum bi rd nms eyE777.M Woking Ind Pgo of 03 Count/ Tan. a stmod tcreon by me. on N 7. 1994 • COUNTY CLERK IVILUAIASON COM SAS v t 8 4 3,p E, b 6 8 1 • : I ' • )3AEOFTEXAS OF WILLIAMSON L NANCY E. RISTER, COUNTY CLERK. DO P EBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY AS SAME APPEARS OF RECORD IN Tkir( CUSTODY. -" Witness my hand and seal of office or, Ilje) NANCY E. RISTER, COUNTY CLERK W1LLIAMON COUNTY, TEXAS Deputy ATTACHMENT "I" Inclusion in Highway Construction Contract Not applicable to this Standard Utility Agreement. Form ROW -U-40 Rev. 3/2004 GSD -EPC Page 1 of 1 District: Austin Federal Project No.: N/A ROW CSJ No.: 0204-01-052 SIGNATURE AUTHORITY U -No. U1-3668 County: Williamson Highway No.: US 79 Contract No.: WHEREAS, the City of Round Rock, hereinafter called the Owner, deems it necessary and proper to enter into an agreement with the State of Texas, whereby the Texas Department of Transportation will cause the relocation of various facilities operated by the City of Round Rock, which are in conflict with the Texas Department of Transportation's proposed improvements on US 79 from Williamson County Road 195 to 1,000 Feet East of Williamson County Road 110. NOW THEREFORE, be it resolved by the above named Owner that Nyle Maxwell or his successor, is hereby authorized and directed to sign the utility agreement or any other necessary documents required to complete the utility relocation on behalf of the above named Owner. Passed, approved, and adopted this day of , 20 IN WITNESS WHEREOF, the parties hereto have affixed their signatures. ATTEST: Owner: Utility Name By: Authorized Signature Title: Date: Acknowledgement State of Texas County of This instrument was acknowledged before me on by Notary Public's Signature 44. DATE: June 3, 2005 SUBJECT: City Council Meeting - June 9, 2005 ITEM: 10.8.2. Consider a resolution authorizing the Mayor to execute a Standard Utility Agreement with the Texas Transportation Commission for the reconstruction of US 79 from County Road 195 to 1,000 feet east of County Road 110. Department: Transportation Services Staff Person: Tom Martin, Director of Transportation Services Justification: In order for the City to apply for reimbursement of eligible costs to adjust, remove and/or relocate a water line located along US 79 from County Road 195 to 1,000 feet east of County Road 110, the City must enter into a Standard Utility Agreement with the Texas Department of Transportation. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Backciround Information: An 18 inch water line including fire hydrants, water valves, and air release valves was in conflict with the reconstruction of US 79 from County Road 195 to 1,000 feet east of County Road 110. The water line was located on City property and in City owned easements, so the City is eligible for reimbursement of the costs associated with adjusting, removing and/or relocating the water line. The City could be eligible for reimbursement of up to $488,250.00. Public Comment: N/A Form ROW -U-35 Rev. 12/2004 Replaces Form D-15-35, D-15-131, D-15-132, D-15133, D-15-134 and D-15-137 GSD -EPC Page 1 STANDARD UTILITY AGREEMENT District: Austin Federal Project No.: N/A ROW CSJ: 0204-01-052 Highway Project Letting Date: May 27, 1999 U -Number: U1-3668 County: Williamson Highway: US 79 From: WCR 195 To: 1,000 Feet East of WCR 110 This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and the City of Round Rock, ("Utility"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway improvements as designated by the State and approved by the Federal Highway Administration within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: install an 18 inch waterline including fire hydrants, water valves and air release valves from Highway Station 220+90.58 to Highway Station 266+38.73 at a minimum depth of four feet; plug and abandon the existing 18 inch waterline; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and/or relocation of certain facilities to the extent as may be eligible for State and/or Federal participation. WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges Utility's interest in certain lands and/or facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work above. NOW, THEREFORE, BE IT AGREED: The State will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for State participation. The State and Utility agree that all conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with 23 CFR 645, Subparts A & B and all other applicable federal and state laws, rules and regulations. Utility agrees to supply, upon request by the State, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to State not later than 90 days after completion of the work. When requested, the State will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed 80 percent (80%) of the eligible cost as shown in each such billing. In addition, the State will make a payment, before audit, which will bring the total percentage paid to the Utility up to the 90% eligible cost. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. R-06-c9-105ad Form ROW -U-35 Rev. 12/2004 Page 2 Alternatively, State agrees to pay Utility an agreed lump sum of $0.00 as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and/or relocations and upon receipt of a final billing, make payment to Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to proceed with the necessary adjustment, removal, and/or relocation. Utility agrees to proceed in such a manner that will not result in avoidable delay or interference with the State's highway construction. Should Utility by its actions cause interference or delay resulting in the imposition of damages upon the State by a third party, Utility agrees to indemnify the State for said damages. The State will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in an approved form and manner, make payment in the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement. Unless an item below is stricken and initialed by the State, this agreement in its entirety consists of the following: 1. Standard Utility Agreement; 2. Plans, Specifications, and Estimated Costs (Attachment "A"); 3. Utility's Accounting Method (Attachment "B"); 4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C"); 5. Statement Covering Contract Work — ROW -U-48 (Attachment "D"); 6. Eligibility Ratio (Attachment "F"); 7. Betterment Calculation and Estimates (Attachment "G"); 8. Proof of Property Interest — ROW -U-1 A, ROW -U-1 B, or ROW -U-1 C (Attachment "H" —�elasie�-ia.t�ighway Construction • • ... ' :: - .elirrtert-ancrcti 10. Utility Joint Use Acknowledgment — ROW -U-JUA (Attachment "E"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. The Utility agrees to provide "as -built" plans to the State within ninety (90) days of completion of the adjustment or relocation. This agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. The Utility by execution of this agreement does not waive any of the rights which Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that the Utility agrees to indemnify and hold the State harmless for damage to existing facilities caused by the Utility's conduct. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. Form ROW -U-35 Rev. 12/2004 - Page 3 UTILITY Utility:City of Round Rock By: Title: EXECUTION RECOMMENDED: Date: q) a,605 Austin, Texas District * THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Co pi mis ion. I By: Date: AY DIRECTOR * For locally -executed agreements, ROW Administrator recommends execution; otherwise District Engineer (or designee) . ** For locally -executed agreements, District Engineer (or designee) approves and executes; otherwise ROW Division Director. ATTACHMENT "A" Plans, Specifications, and Estimated Costs 11-010\UTILITIES\5131UT01.DGN 5:21:20 PM R z CO p ZE O—+m mc_ mmzc m -0 —s -II Z —I O m Tl (A - •O m O N X D m�—I CJ Cf) -i O X) Z 0Z•• D • D O Z m -n Xi 1— r1 Z —I m c v 00.00+S2 10 0 oi 00'00+SIZ l0d 0 n N 03y O Ic Z 0 4', w 0 O 0 1 O PI <-I m 0 r1PI - r r - • PI LP 01 - 0 - O Z ZG7 • m 0>- • m - wm 14-1 "1:1 to Z m pi -4 0 -4 N m w A O • rm 0-m O Z 0 m 1 O tnm m -4 m -1a0 N m N Z - I N 0 A 0t00 CO (.0 ✓ 0 N 0• a m r - 0 -0C - 44- PI CAa 31-010\UTILITIES\5131UT02.DGN 5:21:40 PM MATCH LINE STA. 224+00 a•O In • <-1 PI N z Z r N • PI to 0 m mo -I^.1• W 1.11 2 2• CO O 50' TILITY1 ASEMEN11 N cnN rn rn X m 0 C) r N O a'p N 0 0 M• I- ..0 m Z o • X 0 PI m -o -4 2 0 r 0 < -4 rn orx -0 ti N O Z - z 0 m Amo a• • r wm0 to z m -4 0 1 n D nrOm r— —I m . -i l �r ,gym 0 (31 mOv1 X. 2 D -0 (n CID OG7• 0 D =�' -' CT1D nm 0 Z -o HARRELL PARKWAY SI z# 1308Vd 30 D < 1- 11--1 -.m J0 0M mc,- O x,$) C -0Z 0 0 0D° :C1 m- v'n tO PI n 1n 0) 0 c Z O III < f ;2 r 0 O><: m....: 30 u-, a— m Nr .. ya 1 CP Z m a . 31-010\UTILITIES\5131UT03.DON 5: 22: 04 PM MATCH LINE STA. 237+00 0 + 0 � I0 1100' z v o, j 1 4N0091S3M 6L SO b m 85' 50' TYil ■ ASEMEN • CIVIC CTR. CROSSOVER oxo 0 m-0� z zm z D -11 z O = CODr3 r0 -J --1 N * aD O Co azi «m -10 0>x m -0 r -1 .. 1 0 70 -I ..m NI - z 1 UI..Z m a ZC) <-Im wm_ ._ CO .II- • v D v -1 0m* W,Z.-. a+ m o to FR CO Z m -I-1 'Dmo 0 a • • M * N P1 0r LO m v 1,0 Z .15) M O Z w N n P1 31-010\UTILITIES\5131UT04.DGN 5:22:26 PM MATCH LINE STA. 250+00 m � 1 0 of IIr J ONf1081S3M 61 00' I 0 1 _ 1 E' £*t 133add Moa I Z t0 to \r O T m v x ■ 2 CO 0 r ryN O • 1 • v 0 0 0 a'0 (/1 •<-1 a Z ▪ r to • mN 00 M rn N -0 0 -1 1001 Z • CO 0 apw 0 O o Z 0 • ,1•:x 0 �7 m m -1 v x DZ 85' .4 550' TILITYI • ASEMENT ■ 0 v -i x m 0 r- 0 0 J 1 J < -1 m O m r r • mcn 'O -1 W 0 Z wz o m -omo 0 a • wm0 Z m -o cri • <-4 2 m N 01 • • mo 0 > X I- -I • m <n Nr r-. JO. Z 0 wm Min -0a • 0m� •-• OCO Z -4-I C7 m 31-010\UTILITIES\5131UT05.DGN 5:22:46 PM MATCH LINE STA. 263+00 N cn 0, to O 1 UlO f -0 -40 P1 0 A N �m Z m 01 3N 118 4 „9 9NI1S IX 0 O Z —1 • ONfl081S3M 61 1 0 1 1 j • ■ • 1 ■ 1 ■ 85' • 50' • UTILITY, 1ASEMENT <1m 0mx - • m LA 10 1 m 2 - N O Z — P1 m -0 M0 0> - LA Wm-- -- UD m0 zm O -4 r) X Z m D 0 cn m N 13 1-.433 0 •-•N 0 0 a 0 tO N fn M acne N N • 0Ci 1 m 4 I- 1 u, m m z 1 *i ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 In -Kind Replacement Estimate DESCRIPTION UNIT QTY UNIT COST EXT COST Mobilization, complete L.S. 1 $5,000.00 $5,000.00 Trench safety systems, all depths, complete in place L.F. 4846 $2.00 $9,692.00 18" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 4638 $65.00 $301,470.00 16" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 102 $60.00 $6,120.00 18" waterline (ductile iron Class 250) in bore, complete in place L.F. 144 $350.00 $50,400.00 8" waterline including excavation and backfill, complete in place L.F. 0 $40.00 $0.00 27" steel casing pipe for installation of 16" waterline, complete in place L.F. 57 $50.00 $2,850.00 18" iron body gate valve w/ box, complete in place EA. 4 $6,000.00 $24,000.00 16" iron body gate valve w/ box, complete in place EA. 1 $5,000.00 $5,000.00 8" iron body gate valve w/ box, complete in place EA. 1 $600.00 $600.00 18" by 16" tapping sleeve and valve w/ box, complete in place EA. 1 $8,000.00 $8,000.00 Fire hydrant assembly w/ ductile iron lead, gate valve w/ box, complete in place EA. 10 $2,000.00 $20,000.00 2" automatic air release valve w/ box and cover, complete in place EA. 1 $2,000.00 $2,000.00 Ductile iron fittings (AWWA C-110), complete in place TON 1.8 $4,000.00 $7,200.00 Connection of existing 8" line, complete in place L.S. 1 $600.00 $600.00 TOTAL: Consulting Engineer Estimate $442,932.00 DESCRIPTION MANHOURS DIRECT LABOR OVERHEAD FIXED FEE MAX. AMOUNT PAYABLE 18" Water Line Relocation 434 $11,186 $ 19,165 $ 3,794 $ 34,145 TOTAL: $ 34,145 Replacement Right -of -Way (Easement) - Parcel #1 RIGHT-OF-WAY COSTS AMOUNT Right -of -Way Services $ 1,201 Recording $ 5 Deed Fees $ - Legal Fees $ 258 Land (Easement) Acquisition $ 63,970 TOTAL: $ 65,434 ATTACHMENT "B" Utility's Accounting Method ❑ Actual Cost Method of Accounting The utility accumulates cost under a work order accounting procedure prescribed by the Federal or State regulatory body; and the utility proposes to request reimbursement for actual direct and related indirect costs. ❑ Lump Sum Method of Accounting Utility proposed to request reimbursement based on an agreed lump sum amount supported by a detailed cost analysis. ® Alternative Method of Accounting The utility accumulates costs under an accounting procedure developed by the utility and approved by the State; and the utility proposes to request reimbursement for actual direct and indirect costs; and the utility owner is a municipality. ATTACHMENT "C" Utility's Schedule of Work and Estimated Date of Completion Start Date: September 27, 1999 Duration: 12 Weeks Estimated Completion Date: December 17, 1999 ATTACHMENT "D" Statement Covering Contract Work Form ROW -U-48 Rev. 12/2004 Replaces Form D-15-48 GSD -EPC Page 1 of 1 STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK (AS APPEARING IN ESTIMATE) District: Austin County: Williamson Federal Project No.: N/A U -No. U1-3668 ROW CSJ No.: 0204-01-052 Highway No.: US 79 I, Nyle Maxwell, a duly authorized and qualified representative of the City of Round Rock, hereinafter referred to as Owner, am fully cognizant of the facts and make the following statements in respect to work which will or may be done on a contract basis as appears in the estimate to which this statement is attached. It is more economical and/or expedient for Owner to contract this adjustment, or Owner is not adequately staffed or equipped to perform the necessary work on this project with its own forces to the extent as indicate on the estimate. Procedure to be Used in Contracting Work • A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. El B. Solicitation for bids is to be accomplished by circulating to a list of pre -qualified contractors or known qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Such presently known contractors are listed below: 1. 2. 3. 4. 5. ❑ C. The work is to be performed under an existing continuing contract under which certain work is regularly performed for Owner and under which the lowest available costs are developed. (If only part of the contract work is to be done under an existing contract, give detailed information by attachment hereto.) ❑ D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the estimate in order to obtain the concurrence of the State, and the Federal Highway Administration Division Engineer where applicable, prior to taking action thereon (approval of the agreement shall be considered as approval of such proposal). ❑ E. The utility plans and specifications, with the consent of the State, will be included in the construction contract awarded by the State. Signat Title OlcuyiL q, 02126 Dat 230,00 240.00 87.00 150.00 574.80 140.00 13,500.00 64.00 674,00 13,000.00 of 20,000 n m m m v Average 249,17 238.40 792.70 2.88 90,42 f #REF! 41,000 1 Bay Maintenance [Amount 130,000 25,000 12,500.00 62,500.00 13,000.00 92,000.00 36,250.00 2,500.00 » » u> Cash Construction Amount 1 $ 65,000 $ 15,000 $ 550,400 $ 870 $ 84,000 w .a m e. «. » $ 25,000 .a .n $ 25,562 $ 20,000 ' ea $ 625I v. .» $ 20,000 .n .a «. » ., 69 w .a .a «. .n «. y «. w e. e. .» e. e. .» !uedwo06eute0 E 1 $ 4,000 $ 877,300 $ 448,000 $ 57,000 $ 210,000 $ 12,000 $ 40,600 000'09 $ $ 30,000 $ 20,000 $ 225 $ 2,000 f m $ 25,000 G.n ... «9 49 49 e. x. w m «. w e. w .» .n w .a .n «. .a .a «. «.49 Key Enterprises E $ 622,600 49 $ 343,880 $ 320,000 «. «. .n .a e. «. w w I. u. w .» e. e. $ 980 F , 66 49 . m w _. N w r mE .a 8o m w w » x. w .a Hey! Construction Ltd. 6 ei .» m w m «. a v. m «. m .» w r .a ,,. e. •- .n w v. c w m «. 5. «.4, m 5 m 5. m n .r» N 2 " `� «. «. .» N .n E w` w Amount $ 12,000 $ 800 $ 537,700 I $ 343,680 v v m $ 48,000 $ 30,000 $ 10,450 .- $ 12,000 1 v $ 36,250 w $ 7501 a «s m •- ry N m 2 m N m m a m v m , o i' -' a P zi ¢¢ 0 0 N m m 8 ry < u. N r rn r N N n 8 J r o w w s w o w r w w w , . o w , N z a ¢ N WASTEWATER SYSTEM IMPROVEMENTS Mobilization, complete, per lump sum Clearing and Grubbing, complete, per acre ripe, 40 Gravity Wastewater (0-20' depth), complete in place, per linear fool. Pipe, 40 Gravity Wastewater (20-20' depth), complete in place, per linear foot. ripe, 40 Orevity Wastewater (25.30' depth), complete In place, per linear foot, m E d w ripe, 0e w eviry vvasrewarer to-zu' depth), complete in place, per linear foot. n E `m _ E5 c Dore e o Jabso areal Encasement Yips, complete in place, per linear foot, - _ _ _ '0 o i 0000 mannole ueptn tgrealer roan 0), for 48" Tee Manhole, complete In place, per each, - xo _ Jn m o 1 , �s mannom ea lee ease wan 1 Miter, all depths, complete In place, per each. Manhole 40 Tee Base with 2 Miter, all depths, complete in place, per each. m E ` ripe, "1a vU tore, -1 0+1000103 04151 P Vrain Llne, all depths, complete In place, per linear foot. 1,111100140 Gravity Wastewater one to Exlstln9 42" Stub at WWTP, Including fitting, complete in place, per each Bore end 1000 One doral 00 /66" Duchle Iron Class 250 Pipe Under Existing WWTP 84" 040811 Line, complete in place, per linear foot. _ Tao) haul! lad 'esald ul eleldwoo '84+4 luawesesua oro n im edm el, ,mer nue ina nrerun saimy oysreme, complete in piece, per linear toot _ o 03 riven 10000 eooing for erosion 1onuo, complete In place, per lump sum. Stabilized Construction Entrance, complete In place, per each, Tree Protection fencing, complete In place, per linear 105). 8 PVC Wastewater Line, uum 35 (ASTM 0034) ell depths, complete In place, per linear foot, _ o N w W w F 0011110010000101010000 ILIA IMPROVEMENTS RW 1 TiViardilization, complete, per lump sum Ilp a m n 37.00 aY p ?p c. 00'000'6 . .- •- �- 30.00 29.00 300.00 N 80.00 ro m 700.00 m ._ 500.00 i P F 647,407 45,000.00 34,875.00 2,400.00 6,000.00 5,840.00 35,000 241,178.00 4,284.00 47,520.00 4,240.00 5,700.00 2,700.00 20,000.00 12,500.00 2,000.00 3,404,211.50 681,795.00 429,966.00 4,515,972.50 P- � c m 2 @ - a .- = m n v m c 8 - ,» w H w to. cv .a m $ 32,400 $ 17,500 $ 8,000 w .a e. .a .a .a $ 3,570 m $ 2,438 .a $ 40,000 $ 7,000 .a $ 15,000 $ 22,000 .a .a .a .a.a w .a - $ 253,250 w $ 31,000 $ 120,000 .a $ 17,500 .a .a .a .a .a .a E 4,846 .a .a $ 43,200 $ 4,240 w $ 36,000 w .a w .a $ 2,000 .a .a $ 3,169,972 $ 513,390 $ 306,244 $ 3,989,806.20 $ 2,966,512 $ 606,579 $ 403,909 $ 3,977,000.00 $ 62,000 $ 141,54011 $ 47,088 $ 15,555 $ 14,488 I $ 2,465,148 $ 810,037 $ 620,157 $ 3,895,341.80 @ 2 @ `•' - m " n P. n 2 r . m m w m ` 6 N a ry - v c u�i m r w .- - �' $ 2,624,976 $ 687,530 $ 461,234 $ 3,773,740.00 $ 800 $ 405,200 $ 10,000 SII $ 4,000 $ 8,000 $ ' 11,680 $ 301,470 $ 50,400 SUBTOTAL WASTEWATER SYSTEM IMPROVEMENTS $ 2,241,657 SUBTOTAL RECLAIMED WATER SYSTEM IMPROVEMENTS $ 631,505 SUBTOTALWATER SYSTEM IMPROVEMENTS $ 451,172 TOTAL CONSTRUCTION COST: $ 3.324,334.00 mv -+ -� u w w w w -+ 1 -� _,w w w w w o w �- v o a (7 Pipe, 24" Reclaimed Water Line, all depths, complete in place, per linear loot. - 0 _ o Pipe, 24" Reclaimed Water Line Jacked into Encasement pipe with Spacers, complete in place, per linear foot. _ 0- wm m Is - - c m E u _ Combination Air and Vacuum Relief Valve and Vault, 2", complete in place, per each. Gate Valve, 24" Resilient Seated, complete In place, per each. Gate Valve, 16" Resilient Seated, complete in place, per each. G ,ate Valve, 12" Resilient Seated, complete in place, per each. Flushing Valve Assembly, 6", complete in place, per each. Trench safety Systems, complete in place, per linear foot. 1'AL RECLAIMED WATER SYSTEM IMPROVEMENTS WATER SYSTEM IMPROVEMENTS Mobilization, complete, per lump sum - m h o 10-I1108 waterline (ductile iron Class 250) including excavation end backfill, complete in place, per linear foot. 16 -inch waterline (ductile Iron Class 250) Including excavation and backfill, complete In place, per linear foot. 18 -Inch waterline (ductile iron Class 250) in bore, complete in place, per linear foot, _ 2v -loon steel casing pipe for installation of 16 -inch water line, complete In place, per linear foot. 00.1005 iron body gate valve w/ box, complete in place, per each. 3 m 3 m 18 -inch by 16 -inch tapping sleeve and valve w/ box, complete in place, per each. Fire hydrant assembly w/ ductile iron lead, gate valve w/ box, complete in place, per each. 2 -inch automatic air release valve w/ box and cover, complete In place, per each. a -_ connection of existing a -Inch line, complete in place, per lump sum !SUBTOTAL WATER SYSTEM IMPROVEMENTS km� � E,F,�'-ii2m O 1 Ig t o mg ATTACHMENT "F" Eligibility Ratio ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 From Utility Relocation Plans: Quantity (L.F.) Sheet No. x of 5 Public Private 1 - 360 2 1300 3 1300 4 1300 5 - 320 TOTAL = 0 4580 Private L.F.= 4580 Public L.F.= 0 Grand Total L.F.= 4580 Length of line in an easement = 4580 Total length of line = 4580 Eligiblity Ratio = length of easement _ 4580 4580 total length Eligibility Ratio = ATTACHMENT "G" Betterment Calculation and Estimates Betterment Ratio City of Round Rock Account: 8014-2-13 RCSJ: 0204-01-052 Williamson County US 79 From WCR 195 To 1,000 feet East of WCR 110 Description of Work: Install an 18 inch waterline including fire hydrants, water valves and air release valves from Highway station 220+90.58 to Highway station 266+38.73 at a minimum depth of four feet. BETTERMENT ESTIMATE: betterment material consulting engineer estimate replacement right of way f, ze en Ewi atr NON BETTERMENT ESTIMATE: non betterment materials consulting engineer estimate replacement right of way tri I3e ter enf Esttr at5 j $ 451,172.00 $ 34,145.00 65,434.00 BETTERMENT RATIO: Non -Betterment _ Betterment $ 442,932.00 $ 34,145.00 65,434.00 $ 550,751.00 - $ 542,511.00 _ $ 8,240.00 550,751.00 $ 550,751.00 50% ItMti ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 DESCRIPTION UNIT IN-KIND REPLACEMENT BETTERMENT QTY UNIT COST EXT COST QTY UNIT COST EXT COST Mobilization, complete L.S. 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00 Trench safety systems, all depths, complete in place L.F. 4846 $2.00 $9,692.00 4846 $2.00 $9,692.00 18" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 4638 $65.00 $301,470.00 4638 $65.00 $301,470.00 16" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 102 $60.00 $6,120.00 102 $60.00 $6,120.00 18" waterline (ductile iron Class 250) in bore, complete in place L.F. 144 $350.00 $50,400.00 144 $350.00 $50,400.00 8" waterline including excavation and backfill, complete in place L.F. 0 $40.00 $0.00 106 $40.00 $4,240.00 27" steel casing pipe for installation of 16" waterline, complete in place L.F. 57 $50.00 $2,850.00 57 $50.00 $2,850.00 18" iron body gate valve w/ box, complete in place EA. 4 $6,000.00 $24,000.00 4 $6,000.00 $24,000.00 16" iron body gate valve w/ box, complete in place EA. 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00 8" iron body gate valve w/ box, complete in place EA. 1 $600.00 $600.00 3 $600.00 $1,800.00 18" by 16" tapping sleeve and valve w/ box, complete in place EA. 1 $8,000.00 $8,000.00 1 $8,000.00 $8,000.00 Fire hydrant assembly w/ ductile iron lead, gate valve w/ box, complete in place EA. 10 $2,000.00 $20,000.00 10 $2,000.00 $20,000.00 2" automatic air release valve w/ box and cover, complete in place EA. 1 $2,000.00 $2,000.00 1 $2,000.00 $2,000.00 Ductile iron fittings (AWWA C-110), complete in place TON 1.8 $4,000.00 $7,200.00 2.5 $4,000.00 $10,000.00 Connection of existing 8" line, complete in place L.S. 1 $600.00 $600.00 1 $600.00 $600.00 TOTALS: Betterment Ratio = Non -Betterment = (451172-442932) = Betterment 451172 $442,932.00 $451,172.00 ROW CSJ No.: 0204-01-052 Williamson County US -79 From: Williamson County Road 195 To: 1,000 Feet East of WCR 110 DESCRIPTION UNIT BETTERMENT QTY UNIT COST EXT COST Mobilization, complete L.S. 1 $5,000.00 $5,000.00 Trench safety systems, all depths, complete in place L.F. 4846 $2.00 $9,692.00 18" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 4638 $65.00 $301,470.00 16" waterline (ductile iron Class 250) including excavation and backfill, complete in place L.F. 102 $60.00 $6,120.00 18" waterline (ductile iron Class 250) in bore, complete in place L.F. 144 $350.00 $50,400.00 8" waterline including excavation and backfill, complete in place L.F. 106 $40.00 $4,240.00 27" steel casing pipe for installation of 16" waterline, complete in place L.F. 57 $50.00 $2,850.00 18" iron body gate valve w/ box, complete in place EA. 4 $6,000.00 $24,000.00 16" iron body gate valve w/ box, complete in place EA. 1 $5,000.00 $5,000.00 8" iron body gate valve w/ box, complete in place EA. 3 $600.00 $1,800.00 18" by 16" tapping sleeve and valve w/ box, complete in place EA. 1 $8,000.00 $8,000.00 Fire hydrant assembly w/ ductile iron lead, gate valve w/ box, complete in place EA. 10 $2,000.00 $20,000.00 2" automatic air release valve w/ box and cover, complete in place EA. 1 $2,000.00 $2,000.00 Ductile iron fittings (AWWA C-110), complete in place TON 2.5 $4,000.00 $10,000.00 Connection of existing 8" line, complete in place L.S. 1 $600.00 $600.00 TOTALS: $451,172.00 Note: The Betterment for this project involved adding two new - 8" service connections. ATTACHMENT "H" Proof of Property Interest THE STATE OP TEXAS COUNTY OF WILLIAMSON - uot.2543m0691 28435 WATERLINE EASEMENT g KNOW ALL MEN BY THESE PRESENTS: § That The Old Settlers Association, of Williamson County, Texas, a Texas corporation, acting herein by and through J.E. Moore, its duly authorized President, of Williamson County, State of Texas, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, to Grantor in hand paid by the City of Round Rock, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, or encumbrance expressed or implied, is retained, have this day GRANTED and CONVEYED and by these presents do GRANT and CONVEY unto the City of Round Rock, a municipal corporation situated in Williamson County, and whose address is 221 E. Main Street, Round Rock, Texas 78664, a waterline easement for the construction, operation, maintenance, replacement, upgrade and repair of water lines in, upon and across the •following described land, to -wit: All that certain tract, piece or parcel land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "Af1 attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular dnscription of said property. GRANTOR shall place the waterlines at least three (3) feet from the North boundary line of U.S. Highway 79 and at least three (3) feet below the surface. Grantor retains the rights (i) to place a fence along the northern boundary of U.S. Highway 79, and (ii) to construct such driveways, entrance ways, signs, light poles, landscaping and parking facilities within the easement, so long as such improvements do not disturb or interfere with the operation and integrity of the waterlines. The easement shall be used for waterlines only and no surface or above the surface use shall be made of the easement, except for fire plugs which may be placed at locations which do not interfere with Grantors proposed driveways into Grantor's property. Grantor shall not assign any portion of the easement to any other party for any other purpose without the prior written consent of Grantor, which consent may be. withheld if, in the opinion of the Grantor, such assignment would adversely affect the value of or the ability to use the property of Grantor. GRANTOR shall have the right to access the waterlines for service to Grantor's adjacent property. This conveyance is made and accepted subject to all other public utility and telephone easements of record. TO HAVE AND TO HOLD the same perpetually to the City of Round Rock and its successors, together with the privilege at any and all times to enter said premises, or any part thereof for the purpose of constructing operating, maintaining, replacing, upgrading and Grantor does repairing said waterline, and for making connections therewith. FOREVER DEFEND title to the easement herein grcovenant and anted,ee ou unto WARRANT TCity of Round Rock against claims of all persons whomsoever lawfully claiming or to claim the same by, through or under Grantor. EoRRTRI E T (7,,T P OFFIC#AL RECORDS WILLIAMSON COUNTY, TEXAS VOL 2543PAGe0692 GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this Z d day of , 1994. THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS BY: TITLE (Leal, STATE OF TEXAS 1 1 COUNTY OF WILLIAMSON S This instrument was acknowledged before me by J.S. Moore, President of The Old Spttlers Association of Williamson County, Texas, on this the egd day of 121 tu4- , 1994, on behalf of said corporation. Q 111,RY L QLSON NY fGatiCON E%p1AES Novarobnr 10, 1994 AFTER RECORDING RETURN TO: Fisher Hagood, Inc. 301 Hesters Crossing Suite 110 Round Rock, Texas 78681 '! EF{T1FIED O BE CORRECT COP Notary Public State of Texas -2- • vot. 25 4 3PaoE 0593 CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 EXHIBrr w PROPOSED 15' WATER LINE EASEMENT FIELD NOTES FIELD NOTES FOR 13,476 SQUARE FELT OUT OF THE P. A. HOLDER SURVEY ABSTRACT # 297 IN Wf1.EdAMSON COUNTY, TEXAS ALSO BEING A PORTION OF A TRACT "C" CONVEYED TO OLD SETILERS ASSOCIATION IN VOL 1761 PG. 451 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING at an iron pin found on the North ROW. of U.S. Highway 79 of at the Southwest comer of said Tract "C" for the Southwest corner of this tract and the POINT OF BEGINNING. THENCE N 01°46' 59" W with the West line of said Tract "C', 16.43 feet to a point for the Northwest corner of this tract. iTHENCE N 64° 07' 28" E through the interior of said Tract "C", 15 feet North of and parallel to the North R.O.W. of U.S. Highway 79, 895.06feet to a point on the East Line of said Tract "C" also being the F•• West line of Tract "13" conveyed to the City of Round Rock in Vol. 1761 Pg. 451 of the Williamson County, x Texas Deed Records for the Northeast corner of this tract. THENCE 5 25" 52' 32" E with the common line of said Tract "C" and Tract "B",15.00 feet to a point being the South common corner of said Tracts "13" and "C", also being on the North R.O.W. of U.S. Highway No. 79 for the Southeast corner of this tract. THENCE S 64' 07' 28" W with the North R.O.W. of U.S. Highway 79, 901.77 feet to the POINT OF BEGINNING and containing 13,476 square feet more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal this the 17th day of February, 1994. Zga "ptn erman Crichton, R.PLS. 4046 1-1 R?MN C1tICH1ON 4045q rYG k takm"; �,,¢,�p r F L E mmFiED TO BE A.'R, OREO,T- COP f.YTY c.v.. A'1)UNL7 RQC.`/t JGO,CE: / +'too' C.)4.4) sv,L"TTiC.cAt:) Asoc)C.. ,3o.ac) 7'TF;//as; :TAc.•T "C.'" ,e ebfaseo /3' karnie Lin/Q GSMT. C /474 SQ .er) C'4TML'./t/V G VII/t46./ .:)f39 Af:. 31.9/,'7e3 SKETCH TO ACCOMPANY FIELD NOTES FOR A 13,476 SQUARE FOOT WATER LINE EASEMENT OUT OF THE P. A. HOLDER SURVEY ABSTRACT # 297 IN WILLIAMSON COUNTY, TEXAS ALSO BEING A PORTION OFATRACT `C CONVEYED TO OLD SETTLERS ASSOCIATION IN VOL. 176I PG. 451 OF THE WILUAMSON COUNTY, TEXAS DEED RECORDS. CRICHTON 107 H. LAMPASAS STREET ROUND ROCK, TEXAS 78664 FAX512 244-905 (612) 244-9508 �X ••A•.(CrN4:NUL 0>, DATE: F.e• IK, 1994 • f. SWOP TEXAS campy OF WILLIAMm I hereby cefllty that IhsIIITtetW WISHLEu on the dets ri etA te V:73 r!.74 hereon by me, rd W-3 t:IY be Mims and Pege of lb ,4::DS of V.7.13nson County Tex* as gimped t try so, on Pi 71S94 • MINTY MAK WIU.101/1SON COM, TEN 0 I ft, N, 11 4 t ) 0 '' g g co — 0 OF TEXAS 61n2# 1,‘TY OF WILLIAMSON i\NCY E METER, COUNTY CLERK DO , EBY CERTIFY THAT THIS IS A TRUE AND 1 . ECT_CORYAS SAM APPEARS OF RECORD Y CUSTODY. my heind and seal of office on; .,„,-...„,:-(...-:,.... fnRRECT OP'Y STATE OF TEXAS COUNTY OF WILLIAMSON PARTITION DEED VOE1 P�bE451 6725 : KNOW ALL NEN BY THESE PRESENTS: to ashT "City* and The' Old Settle ers Associaof Round tion,ofereinafter Williamson County Texas, hereinafter referred to as the "OSA", have and hold in common that certain real estate (the "Property"), containing approximately 427.956 acres of land, more further described in Exhibit "A" attached hereto and incorporated herein, and are desirous of making partition of the same: NOW, THEREFORE, in consideration .of the covenants herein contained and the conveyance herein made to effect such partition, it is hereby COVENANTED, GRANTED, CONCLUDED, AND AGREED by, between, and among said parties and each of them COVENANTS, GRANTS, CONCLUDES, AND AGREES, for themselves and their assigns, that a partition of said Property be made as follows, to wit: (1) The said 'City shall from henceforth have, hold, possess and share, and proportionin tyofb theaelf 'saidnd to its Property,afreenfromoanytandaall claims of the other party hereto, all of that certain real estate lying and being situated in Williamson County, Texas, referred to herein as Tract One, containing approximately 316.845 acres of land, and more particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes. And the other party hereto, the OSA, HAS GRANTED,RE ASED CONFIRMED, AND CONVEYED, and by these presents DOES HEEBY GRRANNT, RELEASE, CONFIRM, AND CONVEY unto the said City, Tract One as described in Exhibit "B" herein. This conveyance is made and accepted subject to easements and outstanding mineral or royalty interests of record, if any, on such Tract one. TO HAVE AND TO HOLD Tract Ona as described in Exhibit "B", ingeanywiseith all belongingand andsanyular right,title, andrights andinterestnofctheappurteanestOherto SAein Citto adjacent d y anditsostreets, and rights-of-way, unto bindyitself,tandsits assigns to WARRANT AND FOREVER DEFEND all and singular Tract One as described in Exhibit "B", unto the said City and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the OSA, but not otherwise. (2) The said OSA shall from henceforth have, hold, possess, and enjoy, in severalty, by itself and to its assigns, for its part, share, and proportion of the said Property, free from any and all claims of the other party hereto, all of that certain real estate lying and being situated in Williamson County, Texas, referred to herein as Tract Two, containing approximately 111.110 acres of land, and more particularly described in Exhibit "C" attached hereto and made a part hereof for all purposes. And CONFIAndD tAND he other party hereto, the City, HAS GRANTED, RELEASED, RELEASE, CONFIRM, ANDEDCONVFY unto by tthe ese psaidresentOSAs HEREBY GRANT, described in Exhibit "C" herein. . Tract Two as PROVIDED, HOWEVER, that if the OSA be dissolved by the operation of law, or time, then in that event, the 111.110 acres described as Tract Two, SAVE AND EXCEPT the 2.780 acres described in Exhibit "D" attached hereto and incorporated herein, shall pass to and vest in 'the City of Round Rock, Texas, to be used by the City as a public park under such regulations as The Old Settlers Association of Williamson County, Texas and the City of Round Rock may direct in the event of the dissolution of The Old Settlers Association of Williamson County, Texas. C22DEEDPART !OFFICIAL RECORDS VALLIAMSOII COUNTY TEXAS 0 4 VOL176O? t4WG This conveyance is expressly made subject to easements and outstanding mineral and royalty interests, if any, of record on Tract Two. TO HAVE AND TO HOLD the above described Tract Two as described in Exhibit "C", together with all and singular the rights and appurtenances thereto in anywise belonging to said City unto the said OSA and its assigns forever; and the City does bind itself,and its assigns to WARRANT AND FOREVER DEFEND all and singular Tract Two as described in Exhibit "C", unto the said OSA and to its assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the City, but not otherwise, and subject, however, as aforesaid. WITNESS WHEREOF we have hereunto set our hands this `7hl day of , 19. CITY OF ROUND ROCK, TEXAS STATE OF TEXAS COUNTY OF WILLIAMSON his • instrument of Rock, Texas. MIKE ROBINSON, Mayor THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas on -profit torpor- ion. By ernon A. Walton, President was acknowledged before me on this J day , 1941, by Mike Robinson,' Mayor, City of Round RHONDA D. COG ! � •? Nair, Pubic, Sige eadtde Notary Public State of ewes Printed Name: f �1nnr�n i e .i 1 My commission expires: t£4- II STATE OF TEXAS COUNTY OF WILLIAMSON Th instrument was'aaknowledged before me on this .48'-2i-lii day of V:lnotay, , 19411, by Vernon A. Walton, President of The Old Settlers Association of Williamson County, a Texas non-profit corporation, on behalf of said corporation. Notary Pub Stat of s Printed Na*: My commission expires: 2. • v0i1760f ci453 EXHIBIT "A" PAGE 1 OF 4 FIELD NOTES FOR 427.956 ACRES FIELD NOTES describing 427.956 acres of land. being 252.457 acres in the Willis Donaho, Jr. Survey. Abstract No. 173 and 175.499 acres in. the P. A. Holder Survey, Abstract No. 297, situated in Williamson County. Texas: being all of that certain 425.540 acre TRACT I and all of that certain 2.416 acre TRACT II as described in deeds to The City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Association of Williamson i.ounty. Texas, recorded in Volume 1300. Page 492 of said Deed Records. and being more particularly described by metes and bounds as TRACT I and TRACT 1I as follows: TRACT I (425.540 ACRES) BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113, being* the northwest corner of that certain 47.72 acre remainder of that certain 50 acre tract conveyed to Mrs. Redwi-g Nelson, Executrix, by deed recorded in . Volume 102. Page 369 of said Deed Records, also being the northeast corner of said 425.540 acre TRACT I, for the most northerly northeast corner and POINT OF BEGINNING of the hereinafter described 425.540 acre TRACT If THENCE departing said south right-of-way line. along the west line of said 47.72 acre tract, S02°22'56"E. 2304.86 feet to an iron pin found under a fence. being on a south line of said Donaho Survey, also being the north line of the Joseph Marshall Survey, Abstract No. 409, also being on the north line of that certain 72.5 acre tract conveyed to Round Rock Investment Properties, Inc., by deed recorded in Volume 561, Page 561 of said Deed Records, for the most easterly southeast corner hereof/ THENCE along the division line between said Donaho and Marshall -Surveys. being the north line of said 72.5 acre tract. as fenced, for an interior south line hereof, S86°26109"W, 869.23 feet to an iron pin found under said fence, being the northwest corner of said 72.5 acre tract, also being the northeast corner of that certain 151 acre tract conveyed to William H. Bright by deed recorded in Volume 387, Page 550 of said Deed Records, for an angle point hereof: THENCE continuing along said Survey division line, being the north line of said 151 acre tract, as fenced, for an interior south line hereof. 888°11'12"W, 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, also being the northwest corner of said Marshall Survey and an int:'rior corner of said Donaho Survey, for an interior corner hereof: THENCE along the west line of said 151 acre tract. being a division line between said Donaho and said Marshall Surveys. as fenced, for an interior east line hereof, the following two (2) courses: 1.) 509°40'46"E. 1272.40 feet to an iron pin found on the top of a flood control dam, for an angle point hereof: 2.) S16045'02"E. 346.76 feet to a railroad spike found at the most southerly southeast corner of said Donaho Survey being an angle point on the west line of said Marshall Survey, also being the northeast corner of the F.A. Holder Survey, Abstract No. 297, for an angle point hereof: THENCE continuing along the west line of said 151 acre tract, being a division line between said Marshall and said Holder Surveys, as fenced. for an interior east line hereof. the following two (2) courses: 1.) S02°16'27"E, 472.98 feet to an iron pin found for an angle point hereof: 2.) S03°23'18"S. 488.13 feet to a point in the centerline of Chandler Branch, for an interior southeast corner hereof/ Y011 / VONGE454 Field Notes For 427.956 Acres (continued) THENCE along the centerline of the following fifteen #15) cou 1.) 887°21'43"W. 72.80 feet 2.) 856°22'43"W. 75.88 feet 3.) S78°43'43'44 179.65 feet hereof? 4.) S50°54'20"W, 5.) S25°05'3411E. 6.) S18°55'26"W, 7.) 841°44'26"W, 8.) S08°59'26'W. 9.) S34°07'26"W, 10.) S67°53'26"W, 11.) 876°43'26"W, 12.) N55°27'431W. hereof t 13.) N8B°37'06"W, 14.) N61°33'05"W, 15.) S87°36'55"W, northwest corner of a portion of the remainder of that certain 160.65 acre tract of land conveyed to Bertil Telander. et al, by deed recorded in Volume 517. Page 556 of said Deed Records, for an interior corner hereof; EXHIBIT "A" PAGE 2 OF 4 said Chandler Branch, with its meanders, rses: to an angle point hereof! to an angle point hereof, town iron pin found for an angle point 206.39 feet to 100.00 feet to 249.19 feet to 500.14 feet to 215.99 feet to 180.91 feet to 274.40 feet to 285.33 feet to an angle point hereof/ an angle point hereof/ an angle point hereof/ an angle point hereof/ an angle point hereof, an angle point hereof; an angle point hereof, an angle point hereof; 249.37 feet to an iron pin found for an 137.38 feet to an angle point hereof/ 439.40 feet to an angle point hereof, 241.90 feet to a point in said centerline. being the angle point THENCE along the west line of the remainder of said 160.65 acre tract, for the east line hereof, the following four (4) courses: 1.)' 805°57'55"W. 215.35 feet to a nail found in an oak tree at the end of a fence, for an angle point hereof, 2.) along said fence, 802°06'56"E, 965.75 feet to an iron pin found at a fence corner post. for an angle point point hereof! 3.) along said fence. 588°46'05"w, 16.49 feet to an iron pin found at a fence corner post, for an angle point point hereof; 4.) along said fence, S01°29'38"E, 794.81 feet to an iron pin found at a fence corner post on the north right-of-way line of U.S Highway No. 79, a one -hundred (100) foot wide right-of-way. for the most southerly southeast corner hereof; THENCE along said north right-of-way line, as fenced, for the most southerly line hereof. 863°39'57"W, 1097.78 feet to an iron pin found at the .southeast corner of the remainder of that certain 46.838 acre tract conveyed to James M. Foley, et ux, by deed recorded in Volume 603, Page 174 of said Deed Records, for the most southerly southwest corner hereof: THENCE along the east line of said 46.838 acre tract, for a west line hereof, the following two (2) courses: 1.) along said fence. NO2°14'30"W, 877.32 feet to an iron pin found for an angle point hereof, 2.) N04°49'32"w, 106.50 feet to a point in the •centerline of said Chandler Branch, for an angle point hereof: THENCE continuing along the west line hereof, along the centerline of said Chandler Branch. with its meanders, the following• eight (8) courses: 1.) N65°46'29"E. 195.00 feet to an angle point hereof, 2.) N23°51'29"E, 154.50 feet to an angle point hereof, 3.) N12°56'29"E, 204.50 feet to an angle point hereof! 4.) N00°20'31"w, 87.30 feet to an angle point hereof! 5.) N19°98'29"E, 141.01 feet to an angle point hereof, 6.) N15°02'59"E, 150.80 feet to an angle point hereof, 7.) NI0°42'31"W. 258.90 feet to an angle point hereof, 8.) N75°16'29"E, 98.60 feet to an angle point hereof? i • Field Notes For 427.956 Acres (continued) VOL1 I WP,CF455 EXHIBIT "A" PAGE 3 OF 4 THENCE continuing along the west line hereof, the following four (4) courses: 1.) N00°00'29"E. 186.40 feet to an iron pin found under a fence, for an angle point hereoft 2.) along said fence. N01°29'31"w, 102.10 feet to an iron pin found under a fence, being the southeast corner of that certain 4.903 acre tract conveyed to Dr. Marvin Creasman by deed recorded in Volume 657. Page 249 of said Deed :records, for an angle point hereoft 3.) along said fence, NO1°24'59"W, 348.91 feet to an iron pin found under a fence, for an angle point hereoft 4.) along said fence, NOO°39'51"w, 1718.15 feet to an iron pin found at a fence corner post, being on the division line between said Donaho and said Holder Surveys. also being the northeast corner of that certain 37.00 acre tract conveyed to. Marvin R. Creasman, et ux, by deed recorded in Volume 603, Page 191 of said Deed Records, also being the southeast corner of that certain 107.3 acre tract conveyed to Stark Roofing and Sheet Metal Company by deed recorded in Volume 535, Page 160 of said Deed Records, also being the southwest corner of the remainder of that certain 216.37 acre tract conveyed to Thomas R. Joseph by deed recorded in Volume 514, Page 193 of said Deed Records, for the most westerly northwest corner hereoft THENCE along the south line of said 218.37 acre tract, being the division line between said Donaho and said Holder Surveys, as fenced. for an interior north line hereof. N88°15'37"E, 1603.30 feet to a nail found set in concrete at a fence corner post, for an interior corner hereoft THENCE along the east line of said 218.37 acre tract, as fenced. for a west line hereof. the following four (4) coursess 1.) NO2°21'14"W, 3354.76 feet to a nail found in a 14" hackberry tree, for an angle point hereoft 2.) NO3657104"E, 58.57 feet to a nail found set in concrete at a fence corner post, for an interior corner hereoft 3.) N86°31'50"E, 357.51 feet to a nail found set in concrete at a fence corner post, for an interior corner hereoft 4.) N01°08'56"W, 524.08 feet to an iron pin found at a fence corner post on said south right-of-way line of said County Road No. 113. being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier by deed recorded in Volume 908. Page 700 of said Deed Records. for the moat northerly northwest corner hereoft THENCE along said south right of way line, for the north line hereof, the following four (4) courses' 1.) S74°38'56"E. 115.23 feet to an iron pin found at a fence corner post, for an angle point hereoft 2.) 886°35'23"E. 115.27 feet to an iron pin found at a fence corner post, for an angle point hereoft 3.) N87°24'29"8, 744.72 feet to an iron pin found for an angle point hereoft 4.) N87°25'18"E. 2591.16 feet to the rOINT OF BEGINNING of the herein described TRACT I. containing 425.540 acres of land. TRACT II (2.416 ACRES) BEGINNING at an iron pin found on the south right-of-way line of the Missouri Pacific Railroad, a one -hundred (100) foot wide right-of-way, which bears corner of the above -de cribed 425.540. 219.14 feet oacreeTRACT southerly. for the northeast corner and POINT OF BEGINNING of the hereinafter described 2.416 acre TRACT tit V0117601101456 EXHIBIT !A' PAGE 4 OF 4 Field Notes For 427.956 Acres (continued) THENCE along the east line hereof. S02°12'44"E. 307.37 feet to an iron pin found for the southeast corner hereof! THENCE along the south line hereof, N87°50'57°K. 684.80 feet to an iron pin found on said south railroad right-of-way line. for the most westerly corner hereof! THENCE along said south right-of-way line. for the north line hereof. N63°39'57•E, 750.32 feet to the POINT OP BEGINNING of the herein described TRACT II, containing 2.416 acres of land. IN ALL, said TRACT Land said TRACT II, as described herein, containing an aggregate total of 427.956 acres of land. i, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR. do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 7th day of December, 1988. All corners located are as described. HAYNIE & KALLMAN. INC. Steven D. Kallman, Registered Public Surveyor No. 3337 1- )'F- 8� Date Job No. 103-2284-6-A F YOl1l60Ppcf457 FIELD NOTES FOR 316.845 ACRES EXHIBIT Be" PAGE 1 OF 6 FIELD NOTES describing 316.845 acres of land, being 242.457 acres in the Willis Donaho. Jr. Survey, Abstract No. 173 and 74.388 acres in the P. A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas; being 314.429 acres out of that certain 425.540 acre TRACT I and all of that certain 2.416 acre TRACT II as described in deeds to The City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County. Texas, and to The Old Settlers Association of Williamson County, Texas, recorded in Volume 1300. Page 492 of said Deed Records, and being more particularly described by metes and bounds as TRACT I. TRACT 11 and TRACT III as follows: TRACT 1 - 304.738 ACRES (BEING 314.738 ACRES SAVE AND EXCEPT 10.000 ACRE YMCA TRACT) BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113, being the northwest corner of .that certain 47.72 acre remainder of that certain 50 acre ,tract conveyed to Mrs. Hedwig Nelson. Executrix, by deed recorded in Volume 102. Page 369 of said Deed Records, also being the northeast corner of said 425.54 acre TRACT I, for the most northerly northeast corner and POINT OF BEGINNING of the hereinafter described 304.738 acre TRACT I; THENCE departing said south right-of-way line. along the west line of said 47.72 acre tract, 802°22'56"E, 2304.86 feet to an iron pin found under a fence, being on a south line of said Donaho Survey, also being the north line of the Joseph Marshall Survey, Abstract No. 409. also being on the north line of that certain 72.5 acre tract conveyed to Round Rock Investment Properties, Inc., by deed recorded in Volume 561, Page 561 of said Deed Records, for the most easterly southeast corner hereof; THENCE along the division line between said Donaho and Marshall Surveys, being the north line of said 72.5 acre tract, as fenced, for an interior south line hereof, S86°26'09"W, 869.23 feet to an iron pin found under said fence, being the northwest corner of said 72.5 acre tract, also being the northeast corner of that certain 151 acre tract conveyed to William H. Bright by deed recorded in Volume 387, Page 550 of said Deed Records, for an angle point hereof; THENCE continuing along said Survey division line, being the north line of said 151 acre tract, as fenced, for an interior south line hereof. S88°11'12"w. 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, also being the northwest corner of said Marshall Survey and an interior corner of said Donaho Survey, for an interior corner hereof; THENCE along the west line of said 151 acre tract. being a division line between said Donaho and said Marshall Surveys, as fenced, for an interior east line hereof, the following two (2) courses: 1.) S09°40'46"E, 1272.40 feet to an iron pin found on the top of a flood control dam, for an angle point hereof; 2.) S16°45'02"E. 346.76 feet to a railroad spike found at the most southerly southeast corner of said Donaho Survey being an angle point on the west line of said Marshall Survey. also being the northeast corner of the P.A. Holder Survey. Abstract No. 297, for an angle point hereof THENCE continuing along the west line of said 151 acre tract. being a division line between said Marshall and said Holder Surveys, as fenced. for an interior east line hereof, the following two (2) courses: 1.) 802°16'27"E, 472.98 feet to an iron pin found for an angle point hereof; 2.) S03°23'18"E, 488.13 feet to a point in the centerline of Chandler Branch, for an interior eoutheaat corner hereof; 1 vOL1760P C 45S , Field Motes For 316.845 Acres (continued) the w s foll intt gtwelve(12) 1.) 887°21'43°W, 72.80 2.) 856°22'43°W, 75.88 3.) S78°43'43"W, 179.65 hereof: 4.) S50°54'20"W, 206.39 5.) 825°05'34°E, 100.00 6.) 818°55'26"W, 249.19 7.) S41°44'26"W, 500.14 8.) 808°59'26"W, 215.99 9.) S34°07'26"W, 180.91 10.) 867053126"W, 274.40 11.) S76°43'26'W, 285.33 12.) N55027'43"W, 37.67 EXHIBIT 'B' .PAGE 2 OF 6 ne of said Chandler Branch. with its meanders, courses: feet to an angle point hereof: feet to an angle point hereof: feet to an iron pin found for an angle point feet to feet to feet to feet to feet to feet to feet to feet to feet to an angle point hereof; an angle point hereof: an angle point hereof: an angle point hereof= an angle point hereof: an angle point hereof: an angle point hereof: an angle point hereof; the southwest corner hereof: THENCE along a west line hereof, N01°44'23"W, 23.11 feet to an iron pin set under a fence on the division line between said Donaho and said Holder Surveys, being the south line of the remainder of that certain 218.37 acre tract conveyed to Thomas R. Joseph by deed recorded in Volume 514. Page 193 of said Deed Records, for an ell corner hereof: THENCE along the south line of said 218.37 acre tract, being the division line between said Donaho and said. Holder Surveys, as fenced, for an interior north line hereof, N88°15'37"E, 112.02 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; THENCE along the east line of said 218.37 acre tract, as fenced, for a west line hereof. the following four (4) courses: 2.) NO2°21'14'W, 3354.76 feet to a nail found in a 14° hackberry tree, for en angle point hereof: 2.) NO3°57'04"E, 58.57 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof: 3.) N86°31'50"E, 357.51 feet to a nail found set in concrete at a fence corner post. for an interior corner hereof; 4.) N01°08'56'W, 524.08 feet to an iron pin found at a fence corner post south aneasterlydcorner ofgthatf-way certainne of 75.875aid acreaunty tractRofd land113, conveyed to J. Meier by deed recorded in Volume 908, Page 700 of said Deed Records, for the most northerly northwest corner hereof: THENCE along said south right of way line, for the north line hereof, the foliowing four (4) courses: 1.) S74°38'56"E, 115.23 feet to an iron pin found at a fence corner poet, for an angle point hereof; 2.) S86°35'23"E, 125.27 feet to an iron pin found at a fence corner poet, for an angle point hereof:. 3.) N87°24'29"E, 744.72 feet to an iron pin found for an angle point hereof: 4.) N87°25'18"E, 2591.16 feet to the POINT OF BEGINNING of the herein described TRACT I, containing 314.738 acres of land, SAVE AND EXCEPT however, that certain 10.000 acre tract of land, being more particularly described by metes and bounds as YMCA TRACT - 10.000 ACRES, attached hereto and made a part hereof for all pertinent purposes, leaving an aggregate total of 304.738 acres of land in the herein described TRACT I. TRACT II - 2.416 ACRES (AREA SOUTH OF U. S. HIGHWAY NO. 79) BEGINNING at an iron pin found on the south right-of-way line of the Missouri Pacific Railroad, a one -hundred (100) foot wide right-of-way, which bears S02°12'58'E, 219.14 feet from the most southerly southeast corner of said 425.540 acre TRACT I, for the northeast corner and POINT OF BEGINNING of the hereinafter described 2.416 acre TRACT /Is -t i • •roL1760PAJE459 EXHIBIT "B" PAGE 3 OF 6 Field Notes For 316.845 Acres (continued) THENCE along the east line hereof, S02°12'4411E, 307.37 feet to an iron pin found for the southeast corner hereof; THENCE along the south line hereof, N87°50'57°W. 684.80 feet to an iron pin found on said south railroad right-of-way line, for the most westerly corner hereof; THENCE along said south right-of-way line, for the north line hereof. N63°39'57"E, 750.32 feet to the POINT OF BEGINNING of the herein described TRACT II, containing 2.416 acres of land. TRACT III - 9.691 ACRES (HOUSE TRACT) BEGINNING at an iron pin found on the north right-of-way line of U. S. Highway No. 79, being a southwest corner of a portion of the remainder of that certain 160.65 acre tract of land conveyed to Bertil Telander, et al. by deed recorded in Volume 517, Page 556 of said Deed Records. also being the most southerly southeast corner of said 425.540 acre TRACT I, for the most southerly southeast corner and POINT OF BEGINNING of the hereinafter described tract: THENCE along the north right-of-way line U. S. Highway No. 79, for the south line hereof. S63°39'57"W, 196.01 feet to an iron pin set for the southwest corner hereof: THENCE along a west line hereof. the following three (3) courses: 1.) N26020'034W, 278.33 feet to an iron pin set at the PC of a curve to the right having a radius of 363.00 feet and a central angle of ,56°16'13"; 2.) along the arc of said curve 356.50 feet, the long chord of which bears N01°48'03"E, 342.35 feet to an iron pin set at the PT of said curvet 3.) N29°56'10"E, 191.62 feet to an iron pin set for an interior corner hereof; THENCE N82°12'25"W, 269.02 feet to an iron pin set for the moat westerly southwest corner hereof, THENCE along the most westerly line.hereof, N04°03'32"E, 354.36 feet to an iron pin set for the most westerly northwest corner hereof, THENCE S87°25'10"E, 147.53 feet to an iron pin set for an interior corner hereof; THENCE SO4°03'32"w, 201.09 feet to an iron pin set for an interior corner hereof, THENCE 882°12'25"E, 190.41 feet to an iron pin set at the PC of a curve to the left having a radius of 587.00 feet and a central angle of 21°35'02•, THENCE along a west line hereof, the following six (6) courses: 1.) along the arc of said curve 221.13 feet, the sub -chord of which bears N09°16'54"E. 219.82 feet to an iron pin set at the PT of said curve; 2.) N01°30'37"W, 245.90 feet to an iron pin set at the PC of a curve to the left having a radius of 287.00 feet and a central angle of 31°28'47"; 3.) along the arc of said curve 157.69 feet. the long chord of which bears N17°15'01"w. 155.71 feet to an iron pin set at the PT of said curve, ti V01.11760PA6E460 EXHIBIT "B" PAGE 4 OF 6 Field Notes For 316.845 Acres (continued) 4.) N32059'25"W, 98.67 feet to an iron pin set at the PC of a curve to the right having a radius of 313.00 feet and a central angle of 31°44'46"t 5.) along the arc of said curve 173.42 feet. the long chord of which bears ;117°07'02"Ni, 171.21 feet to an iron pin set at the PT of said curvet 6.) N01°14'391w, 112.41 feet to a point in the approximate centerline of Chandler Branch, for the most northerly northwest corner hereof: THENCE along the approximate centerline of Chandler Branch, for the north line hereof, the following five (5) courses: 1.) N66°28'07"E, 8.25 feet to an angle point hereof: 2.) N44°02'08"E, 43.68 feet to an angle point hereof; 3.) 1146°33'54"E, 43.50 feet to an angle point hereof; 4.) N39°42'43"E, 58:00 feet to an angle point hereof; 5.) N59°06'09"8, 130.63 feet to the northwest corner of the remainder of said 160.65 acre tract. for the northeast corner hereof: THENCE along the west line of the remainder of said 160.65 acre tract. being an east line of said 425.540 acre TRACT I, for the east line hereof, the following four (4) courses: 1.) S05°57'55"W, 215.35 feet to a nail found in an oak tree at the end of a fence. for an angle point hereof: 2.) along said fence, S02°06'56"E, 965.75 feet to an iron pin found by a fence corner post, for an ell corner hereof; 3.) along said fence, S88°46'05"w, 16.49 feet to an iron pin found by a fence corner post, for an ell corner hereof; 4.) along said fence, S01°29138"E, 794.81 feet to the POINT OF BEGINNING of the herein described TRACT III, containing 9.691 acres of land. IN ALL, said TRACT I, TRACT II and TRACT III, as described herein, containing an aggregate total of 316.845 acres of land. I, Claude F. Hinkle, Jr., a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 7th day of December, 1988. All corners located are as described. HAYNIE, KALLMAN & GRAY, INC. (1/.),Ise ?r. 4 Claud F. Hinkle, Jr.. Regis eyed Public Surveyor No. 4629 Z/61/45 Date Job No. 103-2284-6-B • VOLT / VOPAGE461 EXHIBIT "B" PAGE 5 OF 6 SAVE AND EXCEPT TRACT YMCA TRACT - 10.000 ACRES FIELD NOTES describing a 10.000 acre tract or parcel of land, in the Willie Donaho. Jr. Survey, Abstract No. 173, situated in Williamson County. Texas, being a portion of that certain 425.540 acre TRACT I, as described in deeds to The City of Round Rock, Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County. Texas, and to The Old Settlers Association of Williamson County, Texas, recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113, being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier, by deed recorded in Volume 908, Page 700 of said Deed Records, also being the most northerly northwest corner of said 425.540 acre TRACT I, for the northwest corner and POINT OF BEGINNING of the hereinafter described tract: THENCE along the south right-of-way line County Road No. 113. for the north line hereof, the following three (3) courses: 1.) S74°38'56"E, 115.23 feet to an iron pin found for an angle point hereof: 2.) S86°35'23"E, 115.27 feet to an iron pin found for an angle point hereof: 3.) N87024'29"E, 89.64 feet to an iron pin set for the most northerly northeast corner hereof: THENCE along an east line hereof, S02°35'31"E, 360.00 feet to. an iron pin set for an ell corner hereof: THENCE N87°24'29"E, 255.71 feet to an iron pin set for the most easterly northeast corner hereof: THENCE along an east line hereof, S02°35'31"E, 493.66 feet to an iron' pin set for the southeast corner hereof; THENCE along the south line hereof, the following five (5) courses: 1.) S87°43'54"W, 83.35 feet to an iron pin set at the PC of a curve to the left having a radius of 376.00 feet and a central angle of 13°45'44": 2.) along the arc of said curve 90.31 feet. the long chord of which bears S80°51'02"W. 90.10 feet to an iron pin set at the PT of said curve, said point being the PC of a curve to the left having a radius of 304.73 feet and a central angle of 13°51'16": 3.) along the arc of said curve 73.69 feet, the long chord of which bears S70°48'15"M. 73.51 feet to an iron pin set at the PT of said curve, said point being the PC of a curve to the right having a radius of 302.73 feet and a central angle of 11°52'29": 4.) along the arc of said curve 62.74 feet, the long chord of which bears 869°48'52"M, 62.63 feet to an iron pin set at the PT of said Curve: 5.) 875°45'06"W. 298.25 feet to an iron pin set for the southwest corner hereof: LW-: - 1101.170PAGE462 EXHIBIT •B• PAGE 6 OF 6 WAVE AND EXCEPT TRACT YMCA TRACT - 10.000 ACRES (continped) THENCE along the west line hereof, N01°08.5641, at a distance of 487.46 feet pass a nail found in concrete by a fence corner post at an ell corner of said 425.540 acre TRACT I, and continue in all a total distance of 1011.54 feet to the POINT OF BEGINNING of the herein described tract, containing 10.000 acres of land. . I, Claude F. Hinkle. Jr.. a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 7th day of December. 1988. All corners located are as described. HAYNIE, XALLMAN & GRAY, INC. Claude F. Hinkle, Jr.. Registered Public Surveyor No. 4629 "A) Date Job No. 103-2284-6-B 1. 4 1 4' • V01.1760%1 463 EXHIBIT "E" PAGE 1 OF 4 FIELD NOTES FOR 111.110 ACRES FIELD NOTES describing 111.110 acres of land. being 10.000 acres in the Willis Donaho, Jr. Survey. Abstract No. 173 and 101.110 acres in the P. A. Holder Survey. Abstract No. 297, situated in Williamson County. Texas: being a portion of that certain 425.540 acre TRACT I as described in deeds to The City of Round Rock. Texas. recorded in Volume 1300, Page 489 of the Deed Records of Williamson County, Texas, and to The Old Settlers Association of Williamson Lounty, Texas, recorded in Volume 1300. Page 492 of said Deed Records, and being more particularly described by metes and bounds as TRACT I and TRACT II as follows: TRACT I (101.110 ACRES) BEGINNING at an iron pin found on the north right-of-way line of U. S. Highway No. 79, being the southeast corner of the remainder of that certain 46.838 acre tract of land conveyed to'James M. Foley, et ux, by deed recorded in Volume 603, -Page 174 of said Deed Records. also being the most southerly southwest corner of said'425.540 acre TRACT I. for the southwest corner and POINT' OF BEGINNING of the hereinafter described 101.110 acre TRACT I: THENCE along the east line of said 46.838 acre tract. for a west line hereof, the following two (2) courses: 1.) along said fence, NO2°14'30"W, 877.32 feet to an iron pin found for an angle point hereof: 2.) N04°49'32"W, 106.50 feet to- a point in the centerline of said Chandler Branch. for an angle point hereof: THENCE continuing along the west line hereof, along the centerline of said Chandler Branch, with its meanders. the following eight (8) courses: 1.) N65°46'29"E, 195.00 feet to an angle point hereof: 2.) N23°51'29"E, 154.50 feet to an angle point hereof: "3.) N12°56'29"E, 204.50 feet to an angle point hereof: 4.) N00°20'31"W, 87.30 feet to an angle point hereof: 5.) N19°48'29"E, 141.01 feet to an angle point hereof; 6.) N15°02'59"E. 150.80 feet to an angle point hereof: 7.) N10°42'31"W, 258.90 feet to an angle point hereof: 8.) N75°16'29"E, 98.60 feet to an angle point hereof? THENCE continuing along the west line hereof, the following four (4) Courses: 1.) NOO°00'29"E, 186.40 feet to an iron pin found under a fence, for an angle point hereof; 2.) along said fence, N01°29'31"W, 102.10 feet to an iron pin found under a fence, being the southeast corner of that certain 4.903 acre tract conveyed to Dr. Marvin Cressman by deed recorded in Volume 657, Page 249 of said Deed Records, for an angle point hereof? 3.) along said fence, N01°24'59"W, 348.91 feet to an iron pin found under a fence, for an angle point hereof: 4.) along said fence. N00°39'51"W, 1718.15 feet to an iron pin found at a fence corner post, being on the division line between said Donaho and said Holder Surveys. being the most westerly northwest corner of said 425.540 acre TRACT I, also being the northeast corner of that certain 37.00 acre tract conveyed to Marvin R. Creasman, et ux, by deed recorded in Volume 603, Page 191 of said Deed Records. also being the southeast corner of that certain 107.3 acre tract conveyed to Stark Roofing and Sheet Metal Company by deed recorded in Volume 535. Page 160 of said Deed Records. also being the southwest corner of the remainder of that certain 218.37 acre tract conveyed to Thomas R. Joseph by deed recorded in Volume 514, Page 193 of said Deed Records. for the northwest corner hereof; 416. yo.176O?Act464 Field Notes For 111.210 Acres (continued) EXHIBIT "C" PAGE 20F4 THENCE along the south line of said 218.37 acre tract. being the division line between said Donaho and said Holder Surveys. as fenced, for the north line hereof. N88°15'37"E, 1491.28 feet to an iron pin set for the northeast corner hereof; THENCE along an east line hereof. 801°44'23*E. 2311.54 feet to a point in the centerline of Chandler Branch, being on the north line of a portion of the remainder of that certain 160.65 acre tract of land conveyed to Bertil Telander. et al. by deed recorded in Volume 517. Page 556 of said Deed Records, for the most easterly southeast corner hereof; THENCE along the centerline of said Chandler Branch, with the following nine (9) courses: 1.) N55°27'43"w, 211.77 feet to an iron pin found for hereof: 2.) N88°37'06"w, 137.36 feet to an angle point hereof: 3.) N61°33'054. 439.40 feet to an angle point hereof: 4.) S87°36'55"w, 241.90 feet to the northwest corner of of the remainder of said 160.65 acre tract. for an angle 5.) S59°06'09"W, 130.63 feet to an angle point hereof? 6.) 839°42'43"w. 58.00 feet to an angle point hereof? 7.) S46°33'54"W, 43.50 feet to an angle point hereof, 8.) S44°02'08"W, 43.68feet to en angle point hereof; 9.) 866028'07"W. 8.25 feet to an angle point hereof; THENCE along an east line hereof, the following six (6) courses: 1.) S01°14'39"E, 112.41 feet to en iron pin set at the PC of a curve to the left having a radius of 313.00 feet and a central angle of 31°44'46"? g 2.) along the arc of said curve 273.42 feet, the long chord of which bears S17°07'02"E. 171.21 feet to an iron pin set at the PT of said curvet 3.) S32°59'25"E. 98.67 feet to an iron pin set at the PC of a curve to the right having a radius of 287.00 feet and a central angle of 31°26'47*, 4.) along the arc of said curve 157.69 feet, the long chord of which bears S17°15'01*E, 155.71 feet to an iron pin set at the PT of said curve; 5.) S01°30'37"E. 245.90 feet to an iron pin set at the PC of a curve to the right having a radius of 587.00 feet and a central angle of 21°35'02", 6.) along the arc of said curve 221.13 feet. the sub -chord of which bears S09°16'54"W, 219.82 feet to an iron pin set at the PT of said curvet its meanders. an angle point said portion point hereof; THENCE along an interior line hereof. N82°12'2594, 190.41 feet to an iron pin set for an interior corner hereof? THENCE along an interior line hereof, N04°03'32"E, 201.09 feet to an iron pin set for an interior corner hereof, THENCE along an interior line hereof. N87°25'10"1, 147.53 feet to an iron pin set for an interior corner hereof? THENCE along an interior line hereof, 804°03'32"W, 354.36 feet to an iron pin set for an interior corner hereof? THENCE along an interior line hereof, S82°12'25"E. 269.02 feet to an iron pin set for an interior corner hereof? VOL1760PA E465 EXHIBIT "C" PAGE 3 OF 4 Field Notes For 121.110 Acres (continued) THENCE along an east line hereof, the following three (3) courses: 1.) 829°56'10"W, 191.62 feet to an iron pin set at the PC of a curve to the left having a radius of 363.00 feet and a central angle of 56°16'13"; 2.) along the arc of said curve 356.50 feet, the long chord of which bears S01°48'03"W, 342.35 feet to an iron pin set et the PT of said curve: 3.) 826°20'03"E, 278.33 feet to an iron pin set on the north right-of-way line of V. 8. Highway No. 79, for the southeast corner hereof; THENCE along the north right-of-way line of U. 8. Highway No. 79, for the south line hereof, 863°39'57"W, 901.77 feet to the POINT or BEGINNING of the herein described TRACT I, containing 101.110 acres of land. TRACT II (10.000) ACRES BEGINNING at an iron pin found on the south right-of-way line of County Road No. 113. being an easterly corner of that certain 75.875 acre tract of land conveyed to J. Meier. by deed recorded in Volume 908, Page 700 of said Deed Records, also being the most northerly northwest corner of said 425.540 acre TRACT I, for the northwest corner and POINT OF BEGINNING of the hereinafter described 10.000 acre TRACT IIt THENCE along the south right-of-way line County Road No. 113, for the north line hereof. the following three (3) courses: 1.) S74°38'56"E, 115.23 feet to en iron pin found for an angle point hereof; 2.) 886°35'23"E, 115.27 feet to an iron pin found for an angle point hereof; .3.) N87°24'29"E, 89.64 feet to an iron pin set for the most northerly northeast corner hereof; THENCE along an east line hereof, 802°35'31"E, 360.00 feet to an iron pin .set for an ell corner hereof; THENCE N87°24'29"E, 255.71 feet to an iron pin set for the most easterly northeast corner hereof; THENCE along an east line hereof, 802°35'31"E, 493.56 feet to an iron pin set for the southeast corner hereof, THENCE along the south line hereof, the following five (5) courses; 1.) S87°43'54°W, 83.35 feet to an iron pin set at the PC of a curve to the left having a radius of 376.00 feet and a central angle of 13°45'44": 2.) along the arc of said curve 90.31 feet, the long chord of which bears 880°51'02"W, 90.10 feet to an iron pin set at the PT of said curve, said point being the PC of a curve to the left having a radius of 304.73 feet and a central angle of 13°51'16"t 3.) along the arc of said curve 73.69 feet, the long chord of which bears 870°48'15"W, 73.51 feet to an iron pin set at the PT of said curve, said point being the PC of a curve to the right having a radius of 302.73 feet and a central angle of 11°52'29"t 4.) along the arc of said curve 62.74 feet. the long chord of which bears 869°48'52"W, 62.63 feet to an iron pin set at the PT of said curvet 5.) 875°45'06"N. 298.25 feet to an iron pin set for the southwest corner hereof; VOL1760P 1466 EXHIBIT "C" PAGE 4 OF 4 Field Notes For 111.110 Acres (continued) THENCE along the meat line he;eof. N01'08.56"K, at a distance of 487.46 feet pass a nail found in concrete by a fence corner post at an ell corner of said TRACT I, and continue in all a total distance of 1011.54 feet to the POINT OF BEGINNING of the herein described TRACT II. containing 10.000 acres of land. IN ALL. said TRACT I and said TRACT II, as described herein. containing an aggregate total of 111.110 acres of land. I, Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of an on -the -ground survey made under my direction and supervision on the 7th day of December, 1988. All corners located are as described. HAYNIE. RALLNAN Q GRAY. INC. EZT- 4 Steven D. Kallman. Registered Public Surveyor No. 3337 Date Job No. 103-2284-6-8 V01.1/0nc,E46/ • EXHIBIT "D" PAGE 1 OF I FIELD NOTES FOR 2.780 ACRES FIELD NOTES describing a 2.780 acre tract or parcel of land, in the Prior A. ,,older Survey. Abstract No. 297. situated in Williamson County. Texas. being a portion of that certain 425.540 acre TRACT i, as described in deeds to The City of Round Rock. Texas, recorded in Volume 1300, Page 489 of the Deed Records of Williamson County. Texas, and to The Old Settlers Association of Williamson County. Texas. recorded in Volume 1300, Page 492 of said Deed Records, and being more particularly described by metes and bounds as follows, BEGINNING at an iron pin found on the north right-of-way line of U. s. Highway No. 79, being the southeast corner of the remainder of that certain 46.838 acre tract of land conveyed to James M. Foley. et ux, by deed recorded in Volume 603, Page 174 of said Deed Records, also being the most southerly southwest corner of said 425.540 acre TRACT I. for the southwest corner and POINT OF BEGINNING of the hereinafter described tract. THENCE along the west line of said ,TRACT I, bring an east. line of the remainder of said 46.838 acre tract, for the west line hereof. 1102°14'30*W. 400.00 feet to an iron pin set for the northwest corner hereof. THENCE along the north line hereof. N63°39'57"E. 250.00 feet to an iron pin set for the northeast corner hereof, 1 THENCE along the-weet -line hereof, S26020103"E, 365.16 feet to an iron - pin set on the north right-of-way line of U. S. Highway No. 79. for the southeaet corner hereof, THENCE along the north right-of-way line of U. S. Highway No. 79. for the south line hereof. 863°39'57"W. 413.28 feet to the POlNT OF BEGINNING of the .herein described tract, containing 2.780 acres of land. I. Steven D. Kallman, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes accurately represent the results of en on -the -ground survey made under my direction and.supervieion on the 7th day of December. 1988. All corners located are as described. HAYNIE, KALLMAN & GRAY, INC. Steven D. Kallman. Registered Public Surveyor No. 3337 Date Job No. 103-2284-6-1 STATE OF TEXAS COUNTY OF WILLIAMSON 1 hereby certify that this Instrument was FILED on the date and at the time stamped hereon by me: and was duly RECORDED. in the Volume and Page of the named RECORDS of Williamson County. Texas. as stamped hereon by me. on MAR 131989 COUNTY CLERK v WILLIAMSON COUNTY. TEXAS TEXAS sY OF \MLl_lAi ,s CY E. FASTER, C _3Y CERTIFY THA ECT COPY AS Sr -'{ CUSTODY. my hand 4. d NANCY E, Rijn 11, .1AAS CLERK DO iS A TRUE PPEAFI. Of' eii=Ctzs.J 020-.7-0Oc COUNTY CLERK C+)t NTK.. TEXAS Deputy WATERLINE EASEMENT 28414 2543PASE0687; 4 THE STATE OF TEXAS 1 4 KNOW ALL BY THESE PRESENTS; COUNTY OF WILLIAMSON $ That Arnold Telander, acting herein by and through h%,rsdt , his duly authorized _¢'Nf of Williamson County, State of Texas, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of One Dollar 131.00) and other good and valuable consideration, to Grantor in hand paid by the City of Round Rock, the receipt and sufficiency of which Is hereby acknowledged and confessed, and for which no lien, or encumbrance expressed or implied, is retained, have this day GRANTED and CONVEYED and by these presents do GRANT and CONVEY unto the City of Round Rock, a municipal corporation situated in Williamson County, and whose address is 221 E. Main Street, Round Rock, Texas 78664, a waterline easement for the construction, operation, maintenance, replacement, upgrade and repair of water lines in, upon and across the following described land, to -wit: All that certain tract, piece or parcel of land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. TO HAVE AND TO HOLD the same perpetually to the City of Round Rock and its successors, together with the privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing said a firewater line, and for making connections therewith. Grantor does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the easement herein granted, unto the City of Round Rock against claims of all persons whomsoever lawfully claiming or to claim the same by, through or under Grantor. GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this oil 'day of gia ve h , 1994. ARNOLD TELANDER BY: TITLE: The State of Texas County of Williamson This instrument was acknowledged before me by A Irn/11cI Te Bander , on , 1994. the 2(i 1 day of WI re,h. (SEAL JULIE CLICK Notary Public, Stade of Tieas MyComminnu ENi,bcs 9.25.94 Not blic, as State of ex eSait- Printednted name of Notary Public My commission expires the 2144" day ofe��n .,, 19 94- AFTER 4 AFTER RECORDING RETURN TO: Fisher Hagood, Inc. 301 Heaters Crossing Suite 110 Round Rock, TX 78681 RTFB DT -; `HUE CT CU' 7 OFFICIAL RECORDS WILLIAMSON COUNT, SAS VOL 2543PAGE0688 CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 EXHIBIT 'A' PROPOSED W WATER LINE EASEMENT FIELD NOTES FIELD NOTES FOR 43,058 SQUARE FEET OUT OF WE P. A. HOLDER SURVEY ABSTRACT # 297 IN WILIIAMSON COUNTY, TEXAS ALSO BEING A PORTION OF TRACTS 1 AND 3 CONVEYED TO ARP:OLD TELANDER IN WARRANTY DEED RECORDED IN VOL. 2129 PG. 744 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ata fence post found on the North R.O.W. of U.S. Highway 79 at the South common comer of said Tract 3 and a tract conveyed to William H. Bright in Vol. 387 Pg. 550 of the Williamson County, Texas Deed Records for the Southeast corner of this tract and the POINT OF BEGINNING. THENCE S 64° OT 28" W with the South line of said Tracts 1 and 3 and th,. North R.O.W. of U.S. Highway 79, 2870.83 feet to a point being the Southwest corner of said Tract 1 and the Southeast comer of a tract called Tract "B" conveyed to the City of Round Rock in Vol. 1760 Pg. 451 of the Williamson County, Texas Deed Records for the Southwest corner of this tract. THENCE N 01' 03'04" W with the common line of said City of Round Rock tract and said Tielander Tract 1, 1653 feet to a point for the Northwest corner of this tract. THENCE N 64°07' 28" E through the interior of said TelanderTracts 1 and 3 on a line 15 feet North of and parallel to the North R.O.W. line of U.S. Highway 79, 2870.35 feet to a point on the common line of said Tract 3 and a said tract conveyed to William H. Bright for the Northeast corner of this tract. THENCE S 02° 35' 47" E with the common line of said Tract 3 and a said tract conveyed to William H. Bright, 16.33 feet to the POINT OF BEGINNING and containing 43,058 square feet. I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seat this the 17th dy� f Fe ary, 1994. 40 ... HERMAN CRlCh iCia _• U 1A%1 icrman Cridttoo, R.P.L.S. 4046 fit 'O: (O. RRECT .COP",7 W/4{Mahf /+ n,r>aA'r .3/. ay. AK.Vp.t9�46 €U hC /! :/V/744 J 14 0 0 Q4. V Ivo/ •o �6"M e ' C.7 -r, C / / C)CIA/ 7 ,VOC: K 9.E;J/ Ar.. PP-CO/14S/ JO'S.f' AA.A6' VOL. 2543PACE0689 (Rt }"( ;S •.r. �` inn Soo' lsom1 .i o /a' moms tint A '97.' (44454 3I. Fir) SKETCH TO ACCOMPANY FIELD NOTES FOR A 43,058 SQUARE FOOT WATER LINE EASEMENT OUT OF THE P. A. HOLDER SURVEY ABSTRACT # 297 IN WILUAMSON COUNTY, TEXAS ALSO BEING A PORTION OF TRACTS 1 AND 3 CONVEYED TO ARNOLD TELANDER RV WARRANTY DEED RECORDED IN VOL 2129 PO. 744 OF THE WILUAMSON COUNTY, TEXAS DEED RECORDS. 1 CRICHTON AND ASSOCIATES • LAND SURVEYORS • 107 N. L7,1tPASA8 sris T .ROUND ROCK, TEXAS 76(64 P X (312244 -9603 DATE: Fgt.. i7, V'4 2543pA6Eo690 STATE OF TEXAS COUNTY OF KLEMM 1 booby Ray bottlis Juin:mut wn FILED on Da dote and it &a Its stmod howl by rne, Ets duly latiDED ba Mums Intl Pop of tbo omd MOWS of Wasson County To= stscpt4 borom by et on COUNTY CLERK WILLMMSON COUNTY. TEM co I SIP:1-E OF TEXAS L':CA.TY OF WILLIAMSON '\ANCY E RISTER, COUNTY CLERK DO :* • ..-.1EBY CERTIFY THAT 7 -AIS IS A. TRUE AND 4,<RECT COPY AS SAME APPEARS OF hECORD , A.Y CUSTODY. --Fs my hand ane sea! Of office on NANCY E. NS- COUNTY CLERK 1 ' LiAMSON Ctts1.4.__M1T.XAS r. Deputy RTFP TO ar , RRE • •!:•244 V91:2543PAGE008 28412 WATERLINE EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS; COUNTY OF WILLIAMSON 1 71� 9,0 That 1 iii 3t, / Z4440, acting herein by and through ihf r G P9,44 its duly authorized r of Williamson County, State of Texas, hereinafter referred to as Grantor, whether one or more, for and in consideration of the sum of One Dollar (11.00) and other good and valuable consideration, to Grantor in hand paid by the City of Round Rock, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, or encumbrance expressed or implied, is retained, have this day GRANTED and CONVEYED and by these presents do GRANT and CONVEY unto the City of Round Rock, a municipal corporation situated in Williamson County, and whose address is 221 E. Main Street, Round Rock, Texas 78664, a waterline easement for the construction, operation, maintenance, replacement, upgrade and repair of water lines in, upon and across the following described land, to -wit: All that certain tract, piece or parcel of land, lying and being situated in the County of Williamson, State of Texas described in EXHIBIT "A" attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. TO HAVE AND TO HOLD the same perpetually to the City of Round Rock and its successors, together with the privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading and repairing said a firewater line, and for making connections therewith. Grantor does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the easement herein granted, unto the City of Round Rock against claims of all persons whomsoever lawfully claiming or to claim the same by, through, or under Grantor. GRANTORS do hereby bind themselves, their heirs, successors, assigns and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. iI _WITNESS WHEREOF, Grantor has caused this instrument to be executed on this cAP _____ Eay of _/Yi QA -CA , 1994. The State of Texas County of Williamson Thi instruent was acknow ed before me by �4 rJ *6. 44 Nq1 , on 02 ^'cim' day of a , 1994. TITLE:1,rs fr..i7 4"6".... 1 e.c.. �/ j�AtInsou.3 iI/p "Leni'ev BM1r�F .�M1m..r y,rc' the C.A BRENDA J. DOYLE Notary Pu6Gc, State areas MyCommie;lonaTtres DEC.28,1996 Notary Public, State of exas 32em P .)) oyCE Printed name of Notary Public My commission expires the Cyd y of �, 19 950/ . AFTER RECORDING RETURN TO: Fisher Hagood, Inc. 301 Hesters Crossing Suite 110 Round Rock, TX 78681 OFFICIAL RECORDS WILLIAMSON COUNTY. TEXAS 1 not.. 2543P 6E0079 CRICHTON AND ASSOCIATES LAND SURVEYORS 107 NORTH LAMPASAS ROUND ROCK, TEXAS 78664 512-244-3395 EXHIBIT "A' PROPOSED 15' WATER LINE EASEMENT FIELD NOTES FIELD NOTES FOR 9425 SQUARE FEET OUT OF TIM JOSEPH MARSHALL SURVEY 4409 IN WILLIAMSON COUNTY, TEXAS ALSO BEING A PORTION OF A TRACT CONVEYED TO WILLIAM H. BRIGHT IN VOL. 387 PG. 550 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a fence post found on the North R.O.W. of U.S. Highway 79 at the South common comer of Tract 3 of a tract conveyed to Arnold Telander in Vol. 2129 Pg. 744 of the Williamson County, Texas Decd Records and said Bright tract for the Southwest corner of this tract and the POINT OF BEGINNING. THENCE N 02" 35' 47" W with the common line of said Telander and Bright tracts, 16.33 feet to a point for the Northwest corner of this tract, THENCE N 64° 07' 28" E thmugh the interior of said Bright tract on a line 15 feet North of and parallel to the North R.O.W. of U. S. Highway 79, 625.13 feet to a point for the Northeast comer of this tract. THENCE S 25'52' 32" E, 15.00 feet to a point on the South line of said Bright tract also being on the North R.O.W of U.S. Highway 79 for the Southeast corner of this tract THENCE 5 64° 0728" W with the North R.O.W. of U.S. Highway 79, 624.08 feet to the POINT OF BEGINNING and containing 9425 square feet more or less. I hereby certify that the foregoing field notes were prepared from a survey on the ground, under my supervision and are true and correct to the best of my knowledge and belief. Witness my hand and seal this the 17th day of Feh my, 1994. Herman Crichton, R.P.L.S. 4046 ti-31)Ai4b 68 Aeirmel tap/ 7444 ,e/A;11 t9 L1041 P". Ho --,,c; • Ao• ,vor it, Iv • a • 19 PO' tilel%tat:1*1° sadta: 11. too' #40141.1A14 *WNW? Vel I.T.0.00 AC. J a 70. ea° -09 • 1,1.• A eti 4.4de Pc). e I a-50,14• 051i v2v8* 5 r. AircAosan walrOA. CAVA £$M1 (1.01.5 Fr) SICETCH TO ACCOMPANY FIELD NOTES FOR A 9425 SQUARE FOOT WATER LINE EASEMENT OUT OF THE JOSEPH MARSHALL SURVEY A- 409 IN WILLIAMSON COUNTY, TEXAS ALSO BEING A PORTION OF A TRACT CONVEYED To WILLIAM H. BRIGHT IN VOL 387 PG. 550 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS C.RICHTON AND ASSOCIATES • LAND SURVEYORS • l07 N. LAMPASAS STREET ROUND ROCK, TEXAS 70004 FAX 244-5990 FAX (12) 244-Q608 41.1.1011.•••••ppRININIMMINOIM11. 1 DATE: FEA. 11, 11'14 A • STATE OF TEXAS COUNTY OF WILLIAVIN 1 btreby cerbly tat tit Intact was fltEu oft Oa el&iattolf i4bacon by nit rd cselyi:7771M tit* Vatne and pzet3nirams d Cr„L'Imon Count/ Tam a am* be by Am on elitz:wl. 19Si • COUNTY CLERK WILUAUSON COUNTY, Tan 7.7- • • vot ,284,a,PAii,b681 t.i i: TEXAS TY OF wiLuArv,som CY E RISTER, COUNTY CLERK. DO • EBY CERTIFY THAT THS IS A TRUE AND -i.RECT COPY AS SAME APPEARS OF RECORD CUSTODY. my hand and see,' of office ore —1-d° NANCY E. RISTER, COUNTY CLERK WILLA N COUNTY, TEXAS Deputy ATTACHMENT "I" Inclusion in Highway Construction Contract Not applicable to this Standard Utility Agreement.