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O-89-2395 - 2/19/1989ORDINANCE NO. A396 - AN ORDINANCE CONSENTING TO THE EXCHANGE OF FUTURE INTERESTS IN CERTAIN REAL PROPERTY FOR A FEE SIMPLE INTEREST IN OTHER REAL PROPERTY; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, The Old Settlers Association of Williamson County, Texas ("OSA") proposes to convey a certain tract of land containing 71.110 acres of land, more fully described in Exhibit "A" attached hereto, to the City of Round Rock, Texas, ("City") for the exchange and/or release of certain future interests in favor of the City on two tracts of land, one being approximately 1.0 acres in size and being more fully described in Exhibit "B" attached hereto and incorporated herein (herein called "Future Interest 'B'"), and the other being approximately 2.7 acres in size and being more fully described in Exhibit C" attached hereto and incorporated herein (herein called "Future Interest 'C'"); and WHEREAS, Future Interest "B" was created in favor of the City by instrument recorded in Volume 258, Page 276, Deed Records of Williamson County, Texas; and WHEREAS, Future Interest "C" was created in favor of the City by instrument recorded in Volume 1300, Page 496, Deed Records of Williamson County, Texas; and WHEREAS, the City has been granted and still retains a future interest in and to a certain tract of land owned by OSA described in Exhibit "D" attached hereto, which tract is a part of The Old Settlers Park at Palm Valley and is being used by the OSA as its new permanent park and meeting place; and WHEREAS, the City finds that the tract described in Exhibit "A" would serve as a desirable, convenient and acceptable location for a park; and WHEREAS, the City expressly finds that the fair market value o the tract described in Exhibit "A" is far greater than the fair market value of the future interests in the tracts described in Exhibits "B" and II C II attached hereto, and that an exchange and/or release of the future interests for a fee simple interest in the tract described in Exhibit "A" would accrue to the benefit of the City, Now Therefore C38ORDFEESI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City does hereby accept the Bid to Exchange extended by the OSA, which Bid provides that the OSA will convey to the City approximately 71 acres in exchange for the release of the Future Interests "B" and "B" and "C", respectively. existing on the tracts described in Exhibits II. That the City does hereby Release and forever quit claim unto the OSA (i) Future Interest "B" relating to the tract described in Exhibit "B" attached hereto, and (ii) Future Interest "C" relating to the tract described in Exhibit "C" attached hereto. III. That the Mayor is hereby authorized and empowered to execute any and all documents necessary to consummate the above-described transaction. IV. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. READ and APPROVED on first reading this the g day of atittik , 19P. READ, APPROVED and ADOPTED on second reading this the % day of \At1'9_,Lf A,t4 0' , 19 tel ATTEST: NE LAND, Ci y Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 2. F:XI1lflT "A" PAGE 1 or 2 FIELD NOTES FOR 71.110 ACRES PIM) NoTPS describing a 71.110 acre tract or parcel of land, in the Prior A. ((older Survey, Abstract No. 297, County, Texas, being a portion of that certain 4251.540dacre TR11CTiI,In 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 Volume 1300, Page 492 of said Deeordn beingCand tXmore racorcud in described by metes and bounds as follows: particularly laEG1fJNING an iron pin found at division line between a fence corner post, being on the said HoHolder nerve the Willis Donal►o burvey, Abstract No. 173 and Y, being the most westerly northwest corner of said 425.540 acre TRACT ?, also being the northeast corner of that certain 37.00 acre tract conveyed to ?Marvin R. Crossman, et ux, by deed recorded In Volume 603, rage 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, 'PifEf1CF; 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 the east line hereof, S01°44'23"F;, 2311.54 feet to a point in the centerline of Chandler Sranch, portion of the remainder. of that certain 160.65 onthe northilofe lar,] conveyed to Jertii Telander, et al, by deed recorded in Volume 517, Page 556 of said Deed Records, for the southeast corner hereof? 7'IIrNCE ninnq the centerline of. rnid Chandler Stanch, with its meanders, for a south line hereof, the following nine (9) courses: 1.) N55°27'43"W, 211.77 feet to en iron pin found for an angle point hereof? 2.) 1.188037 '06"W, 137.38 feet to an angle point hereof, 3.) 1161 33 05 W, 439.40 feet to en angle point hereof, 4.) S87°36'55"W, 241.90 feet to the northwest corner of said portion of the remainder of said 160.65 acte tract, for an angle point hereof/ 5.) 559°06'09"W, 130.63 feet to an angle point hereof, 6.) 539°4243"W, 58.00 feet to en angle 7.) S46°33'54",Wgpoint hereof, 43.50 feet to an angle point hereof( R.) 544°02'08"W, 43.68 feet to en angle 9.) S66°28'07"W, 8.25 feet to the most southerlycornerhereof, THENCE continuing along the south line hereof, the following three (3) courses: 1.) N01°14'39"W, 147.72 feet to an iron pin set at the PC of a curve to the right having a radius of 213.00 feet and a central angle of 04°48'06"? 2.) along the arc of said curve 17.85 feet, bears t01"09'24'., 1/.84 feet to the PT of said]rcurvPb-chord of which 3.) 588°35'01"W, 313.65 feet to an iron pin set under a fence on the east line of that certain 4.903 acre tract conveyed to Dr. rrarvin crewman by deed recorded in Volume 657, Page 249 of said Deed Records, being a west line of said 425.540 acre TRACT 1, for the southwest corner hereof, Field Notes for 71.110 Acres (continued) Tl1ENCF along (2) courses: 1.) N01°24'59"W, 244.65 feet to an angle point hereof/ 2.) N00°39'51"W, 1718.15 feet to described tract, containing 71.110 said fence, for the west line hereof, the an iron pin found under the POINT' OF BEGINNING acres of land. EXUIf1T "A" PAGE 2 OF 2 following two a fence, for of the herein 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 & GRAY, INC. bl Steven D. Kallman, Registered Public Surveyor No. 3337 1-- 7 4- - Fe'? Date Job No. 103-2284-6-E EXHIBIT "B." BOUNDARY TRACT PROPERTY DESCRIPTION BEING 1.0171 ecra, of land situated in the Jacob M. Harrell Survey, Abstract No. 284, Williamson County, Texas, City of Round Rock, said 1.0171 acres of land being a portion of that certain tract or parcel of land conveyed to Old Settler's Association of Williamson County by dead as recorded in Volume 258, Page 276, Williamson County Deed Records, said 1.0171 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod set with plastic cap atsmped "Landes 6 Assoc." in the southerly R.o.w. line of RM 620, said iron rod also being the most northerly northeast corner of the Market At Round Rock as recorded in Cabinet H, slide 187 and 188, Williamson County Plat Records, said iron rod also being the beginning of a nontang,nt curve to the left whose radius is 1949.86 feet and whose long chord bears S 72' 21' 21" E 92.17 feet; Tk1RNC,E along said southerly R.O.W. line of said RM 620 and along said curve to the left in a southeasterly direction through a central angle of 02' 42.' 31" a distance of 92.18 feet to a concrete momument found at the end of said curve; THENCE S 73' 39' 00" E 2.69 feet continuing along said southerly R.O.W. line of said RM 620 to a 1/2 inch iron rod found driven in a railroad cross tie used as a plantar border at the intersection of said southerly R.o.W. line with a northwesterly R.Q.W. line of Interstate Highway 35; THENCE S 44' 57' 36" E along said northwesterly R.O.W. line at 8.89 feet pass a concrete monument and continuing in all 261.24 feet to s concrete monument found at an angle point in said R.O.W. ling THENCE S 18' 15' 00" E 41.70 feet continuing along said northwesterly R.D.W. line crossing a paved driveway to a P.K. nail with a metal disk found in maid driveway at the a+nst easterly northeast corner of said Market at Round Rock and the southeast corner of this tract; THENCE H 83' 45' 30" W 313.89 feet crossing said driveway and along a planter area crossing a second driveway and along a second planter area to a 1/2 inch iron rod found in the seat line of said Market At Round Rock tract' THENCE N 06' 14' 30" E 220.33 feet along the east line of said Market At Round Rock Tract to the POINT OF BEGINNING and containing 44,303 Square feet or 1.0171 acres of land. EXHIBIT "C" FIELD NOTES FOR 2.780 ACRES 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, 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, being an east line 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, THENCE along the north line hereof, N63°39'57"E, pin set for the northeast corner hereof, 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; 250.00 feet to an iron THENCE along the north right-of-way line of U. S. Highway No. 79, for the south line hereof, S63°39'57"W, 413.28 feet to the POINT 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 an on -the -ground survey made under my direction and supervision on the 7th day of December, 1988. All corners located are as described. 4 SEVEN D. KALLMAta \*;.. 3337 .4- ‘`44C HAYNIE, KALLMAN & GRAY, INC. taJJ. x; Steven D. Kallman, Registered Public Surveyor No. 3337 /2 -7 -PP Bate Job No. 103-2284-6-1 vet E300 PAU 490 SPECIAL WARRANTY EXCHANGE DEED THE STATE OF TEXAS } 23( } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ) EXHIBIT "D" PAGE 1. OF 6 frizz in _ J That CROW-GOTTESMAN-SHAFER i22, a• Texas Limited Partnership, ("Grantor") for and in consideration of the sum of Ten and no/100 Dollars and other valuable considerationto the undersigned paid by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, EXCHANGED AND CONVEYED, and by these presents does GRANT, EXCHANGE AND CONVEY unto THE OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, TEXAS, a Texas Non -Profit Corporation ("Grantee"), an undivided 25.963 percent interest in and to the to -wit: following described real property in Williamson County, Texas,. That certain 427.956 acres of land, of which 252.457 acres of land are situated in the Willis Donahq Jr. Survey, Abstract No. 173 and 175.499 acres are situated in the P. A. Holder Survey, Abstract No. 297, Williamson County, Texas, being more fully described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference for all purposes; PROVIDED, HOWEVER, that if Grantee be dissolved by the operation of law, or time, then in that event, the undivided 25.963 percent interest in the above described property shall pass to and vest in the City of Round Rock, Williamson County, Texas, to beused by the City of Round Rock 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. TO HAVE AND TO HOLD the above undivided 25.963 percent interest in the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the undivided 25.963 percent interest in the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The consideration for the conveyance effected by this deed has been paid by Grantee to Grantor by Grantee's conveyance to Grantor by special warranty deed of even date herewith of certain real property in Williamson County, Texas. In connection therewith, Grantee and Grantor agree with each other that, without affecting the liability of Grantee or any other party for monetary damages in the event of breach of the warranty of title made by Grantee in said deed, Grantor shall not hold or be entitled to any vendor's lien or other lien (express or implied) or right of rescission with respect to the property hereby conveyed to Grantee in the event of failure of title, in whole or in part, to the property in Williamson County, Texas, conveyed by Grantee to Grantor, and all such vendor's liens, other liens and rights of rescission are hereby released and relinquished by Grantor. This conveyance is made and accepted subject to the following to the extent same affect the above described property: 1. Rights and claims of co -tenants in the above property and minerals and to the rights of anyone claiming under them. OFFIC1%t RIC011f$ wR.LtwMsaN GOUICY • 1t • • • 1.t.�.�...J. r'L :11,:. w.r.+rF•Jt•k.✓•.,A1r ALJ•% 1,.....4'..r EXHIBIT "D" voif3AGuEop2Arit04F,1 2. Electric line as shown on survey plat dated June 27, 1980, prepared by Don H. Bizzell Registered Public Surveyor No. 2218. 3. Easement dated August 29, 1925, from A. J. Palm to Lone Star Power Co., recorded in Volume 225, Page 31, Deed Records, Williamson County, Texas. 4. Easement dated October 14, 1936, from the Estate of J. A. Palm by L. M. Palm Administrator to the Texas Power & Light Co., recorded in Volume 281, Page 464, Deed Records, Williamson County, Texas. 5. Easement dated July 16, 1946, from the A. J. Palm by L. M. Palm Administrator to Power & Light Co., recorded in Volume 337, Deed Records, Williamson County, Texas. Estate of the Texas Page 360, 6. Easement dated November 23, 1953, from the Estate of A. J. Palm by L. M. Palm Administrator to the Texas Power & Light Co., recorded in Volume 393, Page 248, Deed Records, Williamson County, Texas. 7. Easement dated October 20, 1927, from A. J. Palm and wife, to the Texas Power & Light Co., recorded in Volume 234, Page 133, Deed Records, Williamson County, Texas. 8. Easement dated April 12, 1965, from Mary H. Palm et al to Brushy Creek Water Control and Improvement District No. 1, recorded in Volume 477, Page 280, Deed Records, Williamson County, Texas. 9. Easement dated November 6, 1975, from Mrs. Henry Stockman and Mary H. Palm to Southwestern Bell Telephone Co., recorded in Volume 621, Page 295, Deed Records, Williamson County, Texas. Current ad valorem taxes having been prorated hereof, the payment thereof is assumed by Grantee. 114 day of January, 1986, to be Executed this January 14, 1986. GRANTEE'S ADDRESS: µaa,.1.T.t,"„ d est- K 6A.AA t r -"RVI.i (AO 4Ae.,..-h w, µ• (r. 'wrn:tI��v THE STATE OF TEXAS COUNTY OF } } } CROW -GO SMAN-SHAFER #22, a Texas L ted Partnership By: ord L. Gottesman Its: •naging General Partner to date effective This instrument was acknowledged before me of January, 1986 by Sanford L. Gottesman, Partner of Crow -Gottesman -Shafer #22, a Partnership, on behalf of such partnership. on this IAday Managing General Texas Limited Nbtary Public S to of Texas Notary's Printed Name: My commission expires; 6c`..vASARA LAFUENTE State of Texas '.: My Commission Expire, 4. _ 1300 PG; C 498 • EXHIBIT "D" PAGE 3 OF 6 FIELD NOTES OF 427.956 ACRES FIELD NOTES describing a 427.956 acre tract or parcel of land, being 252.457 acres out of the Willis Donaho, Jr. Survey, Abstract No. 173 and 175.499 acres out of the P. A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas; said 427.956 acres being comprised and .consisting of the following six (6) tracts: • 1.) the remaining 143 acres out of that certain 193 acre tract conveyed to Carolena Nelson by deed recorded in Volume 14, Page 760 of the Deed Records of Williamson County, Texas; 2.) all of that certain 157 acre tract conveyed to Andrew J. Palm by deed recorded in Volume 29. Page 192 of said Deed Records; 3.) all of that certain 8.1 acre tract conveydd to Andrew Paim by deed recorded in Volume 48. Page 115 of said Deed Records; 4.) all of that certain 112 acre tract conveyed to Andrew J. Palm by deed recorded in Volume 8, Page 466 of said Deed Records; 5.) the remaining portion of that certain 28.2 acre tract. known as Lot 15. of the Plat of Surveys of Swensons Part of the Holder League. as 'shown in Volume 13. Page 119 of said Deed Records, conveyed to Andrew J. Palm by deed recorded in Volume 13. Page 586 of said Deed Records; and 6.) the remaining portion of that certain 18.8 acre tract, known as Lot 16, of said Plat of Surveys. conveyed to Andrew J. Palm by deed recorded in Volume 29. Page 192 of said Deed Records; said six (6) tracts combined. found upon resurvey this date to contain 427.956 acres of land. 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 set in 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. Hedvig Nelson, Executrix, by deed recorded in Volume 102. Page 369 of said Deed Records. also being the northeast corner of said 143. acre tract. for the moat northerly northeast corner and POINT OF BEGINNING of the hereinafter described 425.540 acre tract; THENCE departing said south right-of-way line. along the went line of said 47.72 acre tract. being the east line of said 143 acre tract, for an east line hereof. S00°10'00"W. 2304.86 feet to an iron pin found under a fence, being in a south line of said Donaho Survey. also being the north line of the Joseph Marshall Survey, Abatract No. 409. also being in 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. S88°59'05"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 Survay division line, being the north line of said 151 acre tract, as fenced. for an interior south line hereof. N89°15'52"W, 1862.10 feet to an iron pin found at the northwest corner of said 151 acre tract, being the southwest corner of said 143 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.) S07°07'50"E. 1272.40 feet to an iron pin found on the top of a flood control dam. for an angle point hereof; . EXHIBIT A .: i.Mn...trw n«. • I Field Notes of 427.956 acres (TRACT I - continued) .`W�S�a...G.t.ir.0 .- W -►'•'n •.. •r..x:./..• 4: ;.... PA E OF 6 13U0PCE499 2.) S14°12'06"E, 346.76 feet to a railroad spike found at the southeast corner of said 151 acre tract, being the northeast corner of said 112 acre tract, also being the moat southerly southeast corner of said Donaho Survey and an angle point in the vest 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.) S00°16'29"W. 472.98 feet to an iron pin found for an angle point hereof; 2.) S00°50'22"E. 488.13 feet to a point in the centerline ' of Chandler Branch. being the ,southeast corner of said 112 acre tract. for an interior southeast corner hereof; THENCE along the centerline of said Chandler Branch, with its meanders. being the south line of said 112 acres, the following fifteen (15) courses: 1.) S89°54'39"W, 72.80 feet to an angle point hereof; 2.) S58°55'39"W, 75.88 feet to an angle point hereof; 3.) S81°16'39"W, 179.65 feet to an iron pin found for an angle point hereof; 4.) S53°27'16"W, 206.39 feet to an angle point hereof; 5.) S22°32'38"E, 100.00 feet to an angle point hereof; 6.) S21°28'22"W, 249.19 feet to an angle point hereof; 7.)' S44°17'22"W, 500.14 feet to an angle point hereof; 8.) S11°29'22"W, 215.99 feet to an angle point hereof; 9.) S36°40'22"W, A80.91 feet to an angle point hereof; 10.) S70°26'22"W, 274.40 feet to an angle point hereof; 11.) S79°16'22"W, 285.33 feet to an angle point hereof; 12.) N52°54'38"W, 249.37 feet to an iron pin found for an angle point hereof; 13.) N86°04'10"W, 137.38 feet to an angle point hereof; 14.) N59°00'09"W, 439.40 feet to an angle point hereof; 15.) N89°50'09"W, 241.90 feet to a point in said centerline. being the northeast corner of said 28.2 acre Lot 15, for an interior corner hereof; THENCE departing said centerline, along the east line of said Lot 15, for an east line hereof, the following four (4) courses: 1.) S08°30'51"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. S00°26'00"W, 965.75 feet to an iron pin found at a fence corner post. for an anglepoint point hereof; 3.) along said fence. N88°41'00"W. 16.49 feet to an iron pin found at a fence corner post, for an angle point point hereof; 3.) along said fence. S01°03'18"W. 794.81 feet to an iron pin found at a fence corner post in the north right-of-way line of U.S Highway No. 79, a one -hundred (100) foot vide right-of-way, for the moat southerly southeast corner hereof; THENCE along said north right-of-way line. aa fenced. for the most southerly line hereof. S66°12'53"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 u:, 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. N00°18'26"E. 877.32 feet to an iron pin set for an angle point hereof; 2.) NO2°16'36"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.) N68°19'25"E. 195.00 feet to an angle point hereof; 2.) N26°24'25"E. 154.50 feet to an angle point hereof; 3.) N15°29'25"E. 204.50 feet to an angle point hereof; EXHIBIT A u.1 ..•Pn... 1... 1 • MI 1300PAA 500 EXHIBIT "D" PAGE 5 OF 6 t, Field Notes of 427.956 acres (TRACT I - continued) 4.) NO2°12'25"E, 87.30 feet to an angle point hereof; 5.) N22°21125"E, 141.01 feet to an angle point hereof; 6.) N17°35'55"E, 150.80 feet to an angle point hereof; 7.) N08°09'35"W, 258.90 feet to an angle point hereof; 8.) N77°49'25"B, 98.60 feet to an angle point hereof; THENCE continuing along the vest line hereof, the following four (4) courses: 1.) NO2 33 25 B, 186.40 feet to an iron pin set under a fence, for an angle point hereof; 2.) along said fence. N01°03'25"E, 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 Creseman by deed recorded in Volume 657, Page 249 of said Dead Records, for an angle point hereof; 3.) along said fence. N01°07'57"E. 348.91 feet to an iron pin found under a fence, for an angle point hereof; 4.) along said fence. N01°53'05"B. 1718.15 feet to an iron pin found at a fence corner post. being in 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 um. 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. S89°11'27"B, 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) courser$ 1.) N00°11'42"E, 3354.76 feet to a nail found in a 14" hackberry tree, for an angle point hereof; 2.) N06°30'00"E. 58.57 feet to a nail found set in concrete at a fence corner post, for an interior corner hereof; 3.) N89°04'46"E. 357.51 feet to a nail found set in concrete at a fence corner post. for an interior corner hereof; 4.) N01°24'00"E. 524.08 feet to an iron pin set at a fence corner post in said south right-of-way line of said County Road No. 113, being the northwest corner of said 157 acre tract, 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.) S72°06'00"E. 115.23 feet to an iron pin found at a fence corner post. for an angle point hereof; 2.) S84°02'27"E, 115.27 feet to an iron pin found at a fence corner post, for an angle point hereof; 3.) N89°57'25"B. 744.72 feet to an iron pin found for an angle point hereof; 4.) N89°58'14"E. 2591.16 feet to the POINT 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 in the south right-of-way line of the Missouri Pacific Railroad, a one -hundred (100) foot vide right-of-way. which bears 500°19'58"W, 219.14 feet from the most southerly southeast corner of the above-described 425.540 acre TRACT I. for the northeast corner and POINT OF BEGINNING of the hereinafter described' 2.416 acre TRACT II: THENCE along the east line hereof. S0O°20'12"11. 307.37 feet to an iron pin set for the southeast corner hereof; EXHIBIT A t, • Yield Notes of 427.956 acres (TRACT II - continued) EXHIBIT PAGE 6 OF 6 VIII 1300 NAf,E 501 THENCE along the south line hereof. N89°36'07"W. 684.80 fent to an iron pin set in 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. N66°12'53"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 I and said TRACT 11, 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 19th day of December. 1985. All corners located are es described. HAYNIE & KALLMAN. INC. 5/..&„:1) STEVEN D. KALIMAN Steven D. Kallman. }." Regiatered Public Surveyor No. 3337 . 4 3331 `o: lililt STATE OF TEXAS COUNTY OF WILLIAMSON 1 hereby certify that this Instrument was FILED on the date and at the time stamped by me; and was duly RECORDED, in hee Vol me and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on JAN 20 1985 COUNTY CLERK WILLIAMSON COUNTY, TEXAS rz-l9-$s Date 1%wIlfrif'hl' rjrt}�'+111 WALLA 5�ON r UN .. 1986 JAN 17 P14 4103 J42., COUNTY CLERK EXHIBIT A •