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Contract - Nathan Leistico and Kent Leistico - 4/8/2021�A STATE OF TEXAS COUNTY OF WILLIAMSON 14 Form ROVV-N-PUA (12112} Replaces Form ROW-N-7 Page 1 of 6 Parcel No.: 25 Project: Gattis School Road (Ph. 3) This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF ROUND ROCK,, TEXAS ("Grantee"), and NATHAN LEISTICO and KENT LEISTICO (the "Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to Gattis School Road and related utility adjustments (the "Project"). The property subject to this Agreement is described more fully in field notes, plat map or other description (attached as "Exhibit A") and made a part of this Agreement by reference (the "Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and 0 sufficiencyof which is acknowledged,the Grantor grants, Grantee the right and conveys of entry and exclusive possession and use of the Property for the purpose of constructing a roadway, utility adjustments and all related appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, improving clearing, demolition, construction of permanent i'omprovements relocating replacing, and existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Projects. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Projects. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property only. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the Grantee will tender to the Grantor the sum of SEVENTY-THREE THOUSAND EIGHT HUNDRED FIVE and 00/]00 Dollars ($73,805.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon tender of payment as set out herein, subject to the conditions in paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of the Grantee's initial appraised value, which assumes no adverse environmental conditions affecting the value of the Property. The approved appraisal value is the Grantee's determination of just compensation owed to the Grantor for the real property interest to be acquired by the Grantee in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the Grantee has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the Grantee, the Grantor will promptly refund the overpayment to the Grantee. OPMW M Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 2 of 6 3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2 above was tendered to the Grantor by the Grantee, or disbursed to the Grantor by a title company acting as escrow agent for the transaction, (the "Effective Date"). 4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and encumbrances except as disclosed to Grantee in that certain title commitment numbered 1920250- KFO effective September 25, 2020 by Independence Title/Title Resources Guaranty Company, and that proper releases will be executed for the Property prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee title to the Property and further agrees to indemnity the Grantee from all unreleased or undisclosed liens, claims or encumbrances affecting the Property,, 5. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent domain proceeding purposes, will be the Effective Date of this Agreement. 6. This Agreement is made with the understanding that the Grantee will continue to proceed with acquisition or dedication of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and other interest in and to the Property which the Grantor holds as of the time i edl*ately pri*or to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part (the '`Remainder"), if any, all as the Property exists on the Effective Date of this Agreement. The Grantee's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domai*n proceedi*ngs. This grant will not prejud*tce the Grantor's rights to an relocation benefitsfor whl*ch Grantor maybe eligible. Y 7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interestmaybe deferred by the Grantee until entry of judgment. 8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and to allow the Grantor to avoid proceeding with conde nation litigation at the current ti e and '0 continue volunta.M.rvnves iti*9ation andne9otiation for the P Proosed ProPerty acquisition. The Grantor of expressly for od P t th acknowled es thae proposerect are a valid public use and voluntarilywaives 9 J any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of 'ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Form ROW-N-PUA (92/12) Replaces Form ROWLN-7 Page 3 of 6 I rights of the Grantee to take Nothi*ng in this reservation w1*11 affect the t*tle and and use all other minerals and materials thereon, and thereunder. 10. The undersigned Grantdr agrees to pay as they -become due, all ad valorem property taxes and special assessments assessed against Property until the Effective Date, including prorated taxes until C7� the Effective Date for the year in which the Grantee takes title to the Property. 11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the Grantee acquires title to the Property either by negotiation., settlement, or final court judgment. r4 12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives,, successors in interest and assigns of the parties. 13. It is agreed the Grantee will record this document. 14. Other conditions: N/A 15. By its authorized signature below the following Tenants which have a leasehold interest in the Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein. Tenants: None At no time duringpossession of the Property by Grantee for the purposes described herein shall Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land 4* 0 QQ 119 1�4&-Aw-w without arior advance asreement between Grantor/Tenant and Grantee. (t 0 To'fiave and to hold the Agreement herein appurtenances belonging to the Grantee an limitations set forth above. described and conveyed, together with all the rights and i its assigns forever,, for the purposes and subject to the [signature pages follow] Form ROW N-PUA (12I12) Replaces Form ROW N-7 Page 4 of 6 An Nathan Leistico STATE OF TEXAS COUNTY OF u�ct1.zflft�scpj This instrument was acknowledged before me on this the " 'Tt�" " day of �.irt..�, 2021 by 90% Nathan Leistico, in the capacity and for the purposes and consideration recited herein. 'Ar Avg TABITHA -TmOMAS Notary ID #134593471 44 My Commission Expires 1101 May 22, 2023 Notary Public, State of Texas -I`ncy-y�rk c- Prl"nted Name:�aj '+INr-\ -..N My Commi*ssi*on Expires: Kent Leistico TABITHA THOMAS Notary ID #131593s74 My Commission Expire May 22, 2023 _.-Amm"Umow" Notary Public, State of Texas Printed Name: ---at %c\--IeiuYr+S My Commission Expires: CS)aaj3va3 Form ROVV-N-PUA (12/12) Replaces Form ROW N-7 Page 5 of 6 GRANTEE: CITY OF ROUND ROCK, TEXAS By: A W ///I - Craig Mor n, M v r ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON Form ROW N-PUA (12/12) Replaces Form ROW N-7 Page 6 of 6 41.5' 0 This instrument was acknowledged before me on this the day ofAL. 2021 b g y � Y Craig Morgan, in the capacity and for the purposes and consideration recited herein. RA L: WiyjT��i,� Notary Public, S t of Texas RY P •'•� �'% Printed Name:PAL, � t My Commission Expires CP0 r.. �'•:,1265861 Co 7-1A-7- ;`��� 44A EXHIBIT. ` County: Williamson Parcel: 25 a Project. Gattis School Road V DESCRIPTION OF A 0.114 ACRE (4,970 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF THAT CALLED 2.00 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NATHAN LEISTICO AND KENT LEISTICO RECORDED IN VOLUME 2074, PAGE 716 OF THE OFFICIAL RECORDS OF WILLfAMSON COUNTY, TEXAS, SAID 0.114 ACRE (4,970 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. COMMENCING at a 1/2" iron rod found, 391.16 feet left of proposed Gattis School Road Baseline Station 81+51.73, being the northeasterly corner of said remainder of the 2.00 acre tract, same being the northwesterly corner of that called 2.00 acre tract of land described in Warranty Deed to Spiritual Assembly of Bahais of Round Rock, Inc. recorded in Document No. 9623250 of the Official Records of Williamson County, Texas; THENCE, with the common boundary line of said remainder of the 2.00 acre tract and said 2.00 acre tract, S 02°43'14" E, for a distance of 312.83 feet to an iron rod with aluminum cap stamped "ROW 4933" set (Grid Coordinates determined as N=10154573.15, E=3143302.04 TxSPC Zone 4203), 78.68 feet left of proposed Gattis School Road Baseline Station 81+65.05 in the proposed northerly Right -of -Way (ROW) line (ROW width varies) of said Gattis School Road, for the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed northerly ROW line, continuing with said common boundary line, S 02°43'14" E, for a distance of 25.80 feet to a 1/2" iron rod found, being an ell corner in the existing northerly ROW line of said Gattis School Road (ROW width varies), same being the southeasterly corner of said remainder of the 2.00 acre tract, for the southeasterly corner of the herein described tract, and from which, a 5/8" iron rod found, being the southwesterly corner of said 2.00 acre tract, same being an ell corner in said existing northerly ROW line of said Gattis School Road bears, with the common line of said 2.00 acre tract and said existing ROW line, S 02"30'09" E, at a distance of 28.91 feet; THENCE, departing said 2.00 acre tract, with, fn part, said existing northerly ROW line of Gattis School Road and, in part, the existing easterly ROW line of Double Creek Drive (ROW width varies), the following three (3} courses: 2) S 88*a4'10" W, for a distance of 158.84 feet to an iron rod with plastic cap (unknown) found, for the point of beginning of anon -tangent curve fio the right; 3) Along said non -tangent curve to the right transitioning from said existing northerly ROW line of Gattis School Road to said existing easterly ROW line of -Double Creek Drive, having a delta angle of 90°09'44", a radius of 30.00 feet, an arc length of 47.21 feet and a chord which bears N 46°4T32" W, for a distance of 42.49 feet to a calculated point of non -tangency; 4) N 02°01'OY' W, for a distance of 20.55 feet to an iron rod with aluminum cap stamped "ROW 4933" set 102.02 feet left of proposed Gattis School Road Baseline Station 79+79.47, being said proposed northerly ROW line of Gattis School Road, for the northwesterly corner of the herein described tract; THENCE, departing said existing easterly ROW line of Double Creek Drive, with said proposed noRherly ROW line, through the interior of said remainder of the 2.00 acre tract, the following two (2) courses: Page 2 of 4 5) S 46°58'31" E, for distance of 35.38 feet to an iron rod with aluminum cap stamped "ROW4933" set 77.00 feet left of propose1'Gattis School Road Baseline Station 80+04.49, for an angle point; 6) N 88°01°29" E, for a distance of 963.40 feet to the POINT OF BEGINNING, containing 0.114 acre (4,970 square feet) of land, more or less* I This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No. 4203, NAD 83. THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS. COUNTY OF WILUAMSON That 1, M. Stephen Truesdale, a Registered Professional Land Surveyor, do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY H AND SEAL at Round Rock, Williamson County, Texas. AI J z� M. Stephen Truesdfile Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor Inland Geodetics, LLC Firm Registration No., 100591-00 15Q4 Chisholm Trail Road,, Suite 103 Round Rock, TX 78681 S:1 RTGIGATTIS SCHOOL -WINDY PARK TO RR RANCH RMPARGELSWARCEL 25-LEISTICO\PARCEL 25-LEISTICO.doc EXHIBIT A-." PLATA PARCEL DFiSCREMOI�T NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING C1 90° 09' 44" 30, 00' 47. 21 42. 49' N46' 47' 32"W (Ci) (89° 52' 29'° D (30. 00') (47. Oro (42. 38' l (N46" 57' 39"W) 0 z tA 0-0 X w RONALD D. LUTZ, JR. AND WIFE, SARA L. LUTZ 11.00 AC. ) VOt. 2538, PG. 358 0 R W C. T_ 1 MICHAEL W. MILLARD AND WIFE, �ANGELA KELLY fWILLARD c1,00 ac.) VOL. 2430, PG 260 f'% 0 1A# r T 03/05/19 PAGE 3 OF 5 0 LA 7@77 CN59033jr 5 7 F. 183a 731 % f --jut- P 00 ce 0 30 60 _Q STAB 81+51 t 73 �; .. .. .�, : 391 q 16 LT T.j 601 A 0 L) z co X LLJ 1� �. .�r* r* SPIRITUAL ASSEMBLY OF �� Ico WNC.-� r* BAHAIS OF ROU�iD ROCK, I 6A_ J. (2v 00 ACe . •. ............ ;� DOC. O® 9623250 tt %,4 Li Om Rva We Cc To "s 4 A T H L E I S T I CO and uj KTENLEISTICO it (REMAINDER OF 2a 00 ACe 0 C\i 0 3%VOLv 20749 PGo 716 0ul 0a R. W. Ce T. r Ln j 0 100 (\j 0 0 z .� 0� , V) STA. 79+79.47 25 102. 02 L T re Ve Do , 'NI 0 1 14 AC., STA-o 81 +65,, 05 41? 970 SQm FTm 78a 68' LT �,.���i ;#; 1 ����—STAo 80+04.49 GRID COORDINATES: E1, 77. 00" L T N= 10154573* 15 E=3143302a 04 .._� `' � N88 01 29"E 163a4O p 121 im gmucmw As" P OSED R.O.W-w ROP I's f—X I S-T I-NG- R 'a w 4 �� ,. ,�S880 !TL-A, 15800 8Of 04 10,--- w (I ,,, _ left 11Y 0-- -4-11 W' 8 16 C311b `7� Is q CAJ 'Ill P 11r! R ilr C` 0 T FX_j_S_ JNG_ _R F U, SRVE0STESS181" NUMBER DIRECTION DISTANCE Ll 502°43'14"E 25,80' L2 S02" 30' 09"E 28. 91 (L2) (502`40'34"E) (29o00'1 L3 NO2*0102"W20.55` L4 S46° 58' 31 "E 35. 38' fim0 fm2 Irmo%. N L A u GEODI= FICS PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAJL RD STE 103 ROUND ROCK, TX. 78681 PH* (512} 238-1200, FAX ESl2)138-125i FIRM REGISTRATION NO. I 00S91 —00 j PROPOSED GATTIS SCHOOL 'ROAD BASELINE co 81400 82+00 U, Cfi u; u� I%-- TTIS SCHOOL ROAD + 0 (R-m0,Wb WIDTH VARIES) C\j OD CL -d I PARCEL PLAT SHOWING PROPERTY OF wi ANK 'Na" 'An 1jp" H A N' L E I I'm CA= a's F,ENT LE 151 1 cuo SCALE I PROJECT I COUNTY 1" — -IMP 60' IGATTIS SCHOOL ROAD I WILLIAMSON , 1`f PI -se \*RTG\GAI'T - I S__ SCHOOL - WINDY PARK TO RR RANCH R0\PARCE__L_5_\_PARCE 25-LEISTICO\PARCEL 25-LEISTICO-REV,dgn nrv::�r i .,�,-.. �-.: o...:.r. -, �. -'-r.. .Ia. ,ram .'.`.�.R. •.�.'e?. r~ .tf.. r: r. -. .:. v?::YrY.Y'Ty' .. s .. , i'.*^,?Y. �-t;<. .:. is?h'.`A: irJ" .'Y'Jt 3x s.� .s:n?�; Z. $,. K{^S.i .,F".ad.1.. q. ,-..aC.�c � v.:'-J:_�a i::M` i..V. ... .... '�,. ,,.,.r.:�. •.. <-rc ,. ,< ...i?T' �.c t•k:�fe+�yu�.,�uY.ix. .},.:a..............s, 3'. .�... �'`_`.z '°.':':. .rx4.,..J?�z, ,.c. �,15�.".-'�a.. a^d,. .',.. . t,'�z"i',..1lz..F:.: :5..;.a..,�y,.^..�.u...�.ti�. r.R�:. .,r.... �: A:,_...'y°r.3: .'P"...2�5'.2. �7 x 03/05/19 PAGE 4 OF 5 1) All bearings shown hereon are hosed on grid bearing. All distances are surface d i stonces. Coord * notes ore surface values based on theli�A Texas State Plone Coordiriate System, NAD 83, Centrol Zone,, THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO, 1920250-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 307 2019, ISSUE DATE JUNE 109 2019a 1. RESTRICTIVE COVENANTS: VOLUME 674, PAGE 33, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, 10A, EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 420, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT RE LOCATED. B. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 451, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. C. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 455, OF THE DEED RECORDS,OF WILLIAMSON COUNTY, TEXAS, GOES NOT AFFECT. D. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 304, PAGE 573, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. E. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED TN VOLUME 308, PAGE 31, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. F. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 325, PAGE 621, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, NO RECORD OF DEED FOUND. G. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 337, PAGE 364, Of THE DEED RECORDS OF rWILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT BE LOCATED. H. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 240, Of THE DEED RECORDS Of WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. Is EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 242, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. J. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 419, PAGE 248, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. K. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 524, PAGE 124, OF THE DEED RECORDS OF W[LLIAMSON COUNTY, TEXAS, DOES NOT AFFECT, L. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 544, PAGE 7499 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. M. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 558, PAGE 90, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. N. ACCESS EASEMENT RECORDED IN VOLUME 583, PAGE 478, OF THE DEED RECORDS OF WILIIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 0. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 699, PAGE 903, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. P. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 699, PAGE 907, Of THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. Q. WATER/SEWER/PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS RECORDED IN VOLUME 1347, PAGE-- 6019 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. R. PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS, RECORDED IN DOCUMENT NO. 2012023738, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECT AS SHOWN. i'I N L A N D u GEODETICS „ PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD. STE. 103 ROUND ROCK, TX, 78681 PH, (S 12) 238- 12 t FAX (512) 238-12S 1 FIRM REGISTRATION NO. 1005 91-00 PARCEL PLAT SHOWING PROPERTY OF NATHAN LEISTICO AIVD KENT LEISTICO SCALE60 PROJECT 1 11I GATTISSCHOOL COUNTY ROAD I WILLIAMSON C:\«HOME -OFF ICE\wRTG-CATT[S SCHOOL\PARCEL 25-LEIST[CO\PARCEL 25-LEI5TIC0-REV.dgn EXHIBIT PLAIT' TO ACCOADANY PARCEL DF-SMIPTION LEGEND o %2" IRON ROD FOUND, UNLESS NOTED OO IRON SET W/ PLASTIC CAP STAMPED "INLANQ;4933" O IRON RODeFOUND W/PLASTIC CAP, AS NOTED 0 COTTON GIN SPINDLE FOUND O !/2 if IRON PIPE FOUND, UNLESS NOTED X X CUT FOUND 0 MAG NAIL FOUND A 60/D NAIL FOUND A MAG NAIL SET A CALCULATED POINT O [RON ROD W/ ALUMINUM CAP STAMPED "ROW-4933" SET (UNLESS NOTED OTHERWISE) I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO BEST OF PAY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER 11-ly DI ECT SUPERVISION. M. STEPHE TROESDALE MY REGISTERED PROFESSIONAL LAND SURVEYOR NOs LICENSED STATE LAND SURVEYOR INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 1504 CHISHOLM TRAIL ROAD, SUITE 103 ROUND ROCK, TEXAS 78681 1 N L A N D u GEODETICS -� PROFESSIONAL LAND SURVEYORS 1 04 Chi ISHOLM TRAIL R©. STE. 103 K ROUND ROCK, TIC. 78681 . (512) 238-12 , i`AX 012j 238-1251 j FIRM REGISTRATION NO. 1 00-00__ DATE 4933 � CENTER LINE k PROPERTY LINE ( ) RECORD INFORMATION LINE BREAK N DENOTES COMMON OWNERSHIP P.O. Be POINT OF BEGINNING P. Oe Ca POINT OF COMMENCING N. T. S * NOT TO SCALE STMSE STORM SEWER EASEMENT SSE SANITARY SEWER EASEMENT P.U.E. PUBLIC UTILITY EASEMENT D. R. W. Ca T. DEED RECORDS WILLIAMSON COUNTY, TEXAS On R. W. C. T. OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS P. R. W. C. T, pFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS P. R. W. Co T. PLAT RECORDS WILL]APASON COUNTY, TEXAS Pik THE M* SSE TRUEOSDALE 4,933 Y,. . p tro; PARCEL PLAT SHOWING PROPERTY OF NATHAfV LE I bl I CO AND KEfVT LE I ST I CO 03s05i19 PAGE 5 OF 5 ACRES SWAHE FEET ACQUISITION 0.114 49970 CALC/DEED AREA le446 63,9000 i7EMAINDcR AREA 1.332 58F 030 PARCEL 25 SCALE PROJECT COUNTY 1" = 60 GATT I S SCHOOL ROAD WILL I AMSON -*OFF ■RTG-GATTIS SCHOOL\PARCEL 25-LEISTICO\PARCEL 25-lE1STIC0-REV.dgn ELECTRONICALLY RECORDED 2021057392 Williamson County,Texas Total Pages:12 Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 • Page I of 6 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS § Parcel No.: 25 COUNTY OF WILLIAMSON § Project: Gattis School Road(Ph.3) This Possession and Use Agreement For Transportation Purposes (the"Agreement") between CITY OF ROUND ROCK,TEXAS ("Grantee"),and NATHAN LEISTICO and KENT LEISTICO (the"Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to Gattis School Road and related utility adjustments (the "Projedt"). The ' property subject to this Agreement is described more fully in field notes, plat map or other description (attached as"Exhibit A")and made a part of this Agreement by reference(the"Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and sufficiency of which is acknowledged,the Grantor grants,bargains, and conveys to Grantee the right of entry and exclusive possession and use of the Property for the purpose of constructing a roadway, utility adjustments and all related appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Projects. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Projects. This grant will allow the construction, relocation, replacement, repair, improvement,operation and maintenance of utilities on the Property only. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement,the Grantee will tender to the Grantor the sum of SEVENTY-THREE THOUSAND EIGHT HUNDRED FIVE and 00/100 Dollars($73,805.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon tender of payment as set out herein,subject to the conditions in paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of the Grantee's initial appraised value, which assumes no adverse environmental conditions affecting the value of the Property. The approved appraisal value is the Grantee's determination of just compensation owed to the Grantor for the real property interest to be acquired by the Grantee in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil,gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the Grantee has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the Grantee,the Grantor will promptly refund the overpayment to the Grantee. *NPUA* • Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 1 of 6 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES STATE OF TEXAS Parcel No.: 25 COUNTY OF WILLIAMSON § Project: Gattis School Road(Ph. 3) This Possession and Use Agreement For Transportation Purposes (the "Agreement") between CITY OF ROUND ROCK, TEXAS ("Grantee"), and NATHAN LEISTICO and KENT LEISTICO (the"Grantor" whether one or more), grants to the Grantee, its contractors, agents and all others deemed necessary by the Grantee, an irrevocable right to possession and use of the Grantor's property for the purpose of constructing improvements to Gattis School Road and related utility adjustments (the "Projedt"). The property subject to this Agreement is described more fully in field notes, plat map or other description (attached as"Exhibit A")and made a part of this Agreement by reference(the"Property"). 1. For the consideration from the Grantee which is set forth in Paragraph 2 below, the receipt and sufficiency of which is acknowledged,the Grantor grants, bargains, and conveys to Grantee the right of entry and exclusive possession and use of the Property for the purpose of constructing a roadway, utility adjustments and all related appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Projects. This Possession and Use Agreement will extend to the Grantee, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the Grantee in the future, and all others deemed necessary by the Grantee for the purpose of the Projects. This grant will allow the construction, relocation, replacement, repair, improvement,operation and maintenance of utilities on the Property only. 2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants, warranties, and obligations under this Agreement, the Grantee will tender to the Grantor the sum of SEVENTY-THREE THOUSAND EIGHT HUNDRED FIVE and 00/100 Dollars($73,805.00). The Grantor agrees that this sum represents adequate and full compensation for the possession and use of the Property. Grantee will be entitled to take possession and use of the Property upon tender of payment as set out herein, subject to the conditions in paragraph 14 below, if any. The parties agree that the sum tendered represents 90% of the Grantee's initial appraised value, which assumes no adverse environmental conditions affecting the value of the Property. The approved appraisal value is the Grantee's determination of just compensation owed to the Grantor for the real property interest to be acquired by the Grantee in the Property, encumbered with the improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement amount, Special Commissioners' award or court judgment. In the event the amount of the final settlement or judgment for acquisition of the Property is less than the amount the Grantee has paid for the possession and use of the Property, then the Grantor agrees that the original amount tendered represents an overpayment for the difference and, upon written notice from the Grantee, the Grantor will promptly refund the overpayment to the Grantee. *NPUA* • Form ROW-N-PUA (12/12) Replaces Form ROW-NJ Page 2 of 6 3. The effective date of this Agreement will be the date on which payment pursuant to Paragraph 2 above was tendered to the Grantor by the Grantee, or disbursed to the Grantor by a title company acting as escrow agent for the transaction,(the"Effective Date"). 4. The Grantor warrants and represents that the title to the Property is free and clear of all liens and encumbrances except as disclosed to Grantee in that certain title commitment numbered 1920250- KFO effective September 25, 2020 by Independence Title/Title Resources Guaranty Company, and that proper releases will be executed for the Property prior to funds being disbursed under this Agreement. The Grantor further warrants that no other person or entity owns an interest in the fee title to the Property and further agrees to indemnify the Grantee from all unreleased or undisclosed liens, claims or encumbrances affecting the Property. 5. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the Grantee in the Property, for negotiation or eminent domain proceeding purposes, will be the Effective Date of this Agreement. 6. This Agreement is made with the understanding that the Grantee will continue to proceed with acquisition or dedication of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and other interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to receive full and just compensation as allowed by law for all of the Grantor's interests in and to the Property to be acquired by the Grantee, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part (the "Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The Grantee's removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. This grant will not prejudice the Grantor's rights to any relocation benefits for which Grantor may be eligible. 7. In the event the Grantee institutes or has instituted eminent domain proceedings, the Grantee will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the Grantee until entry of judgment. 8. The purpose of this Agreement is to allow the Grantee to proceed with its Project without delay and to allow the Grantor to avoid proceeding with condemnation litigation at the current time and continue voluntary investigation and negotiation for the proposed Property acquisition. The Grantor expressly acknowledges that the proposed Project are for a valid public use and voluntarily waives any right the Grantor has or may have, known or unknown,to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 9. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Form ROW-N-PUA (12/12) Replaces Form ROW-N-7 Page 3 616 Nothing in this reservation will affect the title and rights of the Grantee to take and use all other minerals and materials thereon, and thereunder. 10. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special assessments assessed against Property until the Effective Date, including prorated taxes until the Effective Date for the year in which the Grantee takes title to the Property. 11. Notwithstanding the acquisition of right of possession to the Property by the Grantee in a condemnation proceeding by depositing the Special Commissioners' award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above,this Agreement shall continue to remain in effect until the Grantee acquires title to the Property either by negotiation, settlement, or final court judgment. 12. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 13. It is agreed the Grantee will record this document. 14. Other conditions: N/A 15. By its authorized signature below the following Tenants which have a leasehold interest in the Property hereby consent in all things to Grantee taking exclusive and sole possession of the Property pursuant to the terms of this Agreement, and to Grantor receiving the consideration recited herein: Tenants: None At no time during the possession of the Prop by bycrantee for the purposes described herein shall Grantor be denied reasonable access and/or ingress to or egress from the remainder of Grantor's land 4411 .its..c4u:r. 144Aesswithout prior advance agreement between Grantor/Tenant and Grantee. To ave and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the Grantee and its assigns forever, for the purposes and subject to the limitations set forth above. [signature pages follow] r tl Form ROW N-PUA (12/12) Replaces Form ROW N-7 Page 4 of 6 GRANTOR: 13VIee4,1f., Nathan Leistico ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF uosi.Litouro This instrument was acknowledged before me on this the T" day of (T r cam, , 2021 by Nathan Leistico, in the capacity and for the purposes and consideration recited herein. 6krY\c4g-- Notary Public, State of Texas AO' TABITHA THO T S Printed Name:Notary ID#131593471 My Commission Expires My Commission Expires:vsj,Da� -oa3 '� �'' May 22,2023 Form ROW N-PUA (12/12) Replaces Form ROW N-7 Page 5 of 6 GRANTOR: K nt Leistico ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF idflAkpitsoil This instrument was acknowledged before me on this the day of nytirrh , 2021 by Kent Leistico, in the capacity and for the purposes and consideration recited herein. YA—u‘Act2f-- 41,:ktart'lD A1315 Notary Public, State of Texas Notary ID J#131593471 _ _ QA,1 4 My Commission Expires Printed Name: o r-ho ionic °f May 22,2023 My Commission Expires: U)ag-(oa3 Form ROW N-PUA (12/12) Replaces Form ROW N-7 Page 6 of 6 GRANTEE: CITY OF ROUND ROCK, TEXAS By: AA /, Craig Moron, M. r ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the Wi dayofA L. 2021 by Craig Morgan, in the capacity and for the purposes and consideration recited herein. Skala, TOP/ . ••' • ;c Notary Public, S to of Texas ..� -. PRY PU • Kit��o Printed Name: M s : �•-- = M Commission Expires• .... • = y p . c.) : .11. • q P .•. `1265B61 r/���/ES 7-11`,`��� /lilllliil 03-05-2019 Page 1 of 4 EXHIBIT A County: Williamson Parcel: 25 Project: Gattis School Road PROPERTY DESCRIPTION FOR PARCEL 25. DESCRIPTION OF A 0.114 ACRE (4,970 SQUARE FOOT) TRACT OF LAND SITUATED IN THE PA HOLDER SURVEY,ABSTRACT NO.297, IN WILLIAMSON COUNTY,TEXAS,BEING A PORTION OF THE REMAINDER OF THAT CALLED 2.00 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NATHAN LEISTICO AND KENT LEISTICO RECORDED IN VOLUME 2074, PAGE 716 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.114 ACRE (4,970 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS.FOLLOWS: COMMENCING at a 1/2"iron rod found,391.16 feetleft of proposed Gattis School Road Baseline Station 81+51.73, being the northeasterly corner of said remainder of the 2.00 acre tract, same being the northwesterly corner of that called 2.00 acre tract of land described in Warranty Deed to Spiritual Assembly of Behais of Round Rock, Inc. recorded in Document No.9623250 of the Official Records of Williamson County,Texas; THENCE, with the common boundary line of said remainder of the 2.00 acre tract and said 2.00 acre tract, S 02°43'14" E, for a distance of 312.83 feet to an iron rod with aluminum cap stamped "ROW 4933" set (Grid Coordinates determined as N=10154573 15, TxSPC Zone 4203), 78.68 feet left of proposed Goths School Road Baseline Station 81+65.05-in the proposed northerly Right-of-Way (ROW) line (ROW width varies) of said Gattis School Road,for the northeasterly corner and POINT OF BEGINNING of the herein described tract; 1) THENCE, departing said proposed northerly ROW line, continuing with said -common boundary line, S 02°43'14" E, for a distance of 25.80 feet to a 112" iron rod found, being an ell corner in the existing northerly ROW line of said Gattis School Road.(ROW width varies),same being the southeasterly corner of said remainder of the 2.00 acre tract, for the southeasterly corner of the herein described tract, and from which,a 5/8"iron rod found,being the southwesterly other of said 2.00 acre tract.,same being an ell corner in said existing northerly ROW line of said Gattis School Road bears,with the common line of said 2.00 acre tract and said existing ROW line,S 02°301)9"E,at a distance.of 28.91 feet; THENCE,departing said 2.00 acre tract,with,in part,said existing northerly ROW line of Gattis School Road and,in part,the existing easterly ROW line of Double Creek Drive(ROW Width varies),the following three(3)courses: 2) S 88°0490"W,for a distance of 158.80 feet to an iron rod with plastic cap(unknown)found,for the point of beginning of a non-tangent curve to the right; 3) Along said non-tangent curve to the right transitioning from said existing northerly ROW line of Gattis School Road to said existing easterly ROW line of Double Creek Drive„having a delta angle of 90°0944",a radius of 30.00 feet, an arc length of 47.21 feet and a chord which bears N 46°47'32"w for a distance of 42.49 tt feet to a calculated point of non-tangency; 4) N 02°01'02" W, for a distance of 20.55 feet to an iron rod with aluminum cap stamped "ROW 4933"-set 102.02 feet left of proposed Gattis School Road Baseline Station 79+79.47, being said proposed northerly ROW line of Gattis School Road,for the northwesterly corner of the herein described tract; THENCE, departing said existing easterly ROW line of Double Creek Drive,with said proposed northerly ROW line, fl! through the interior of said remainder of the 2.00 acre tract,the following two(2)courses: Page 2 of 4 5) S 46°58'31"E,for a distance of 35.38 feet to an iron rod with aluminum cap stamped"ROW 4933"set 77.00 feet left of proposed Gaff's School Road Baseline Station 80+04.49,for an angle point; 6) N 88°Ol'29" E, for a distance of 163A0 feet to the POINT OF BEGINNING, containing 0.114 acre (4,970 squarefeet)of land,more or less; This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System,Central Zone No.4203,NAD 83. THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I,M. Stephen Truesdale,a Registered Professional Land Surveyor,do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY Hap"-11 AND SEAL at Round Rock,Williamson County,Texas. ji Airr le M.Stephen Try • Date Registered Professional Land Surveyor No.4933 Licensed State Land Surveyor Inland Geodefics,LLC Firm Registration No:100591-00 44' 1 1504 Chisholm Trail Road,Suite 103 14A Round Rock,TX 78681 8 / '4.• * o P s s 10, -t! S:lRTMGATTIS SCHOOL-WINDY PARK TO RR RANCH RDWARCELSPARGEL 25-LEISTICCAPARCEL 25-LEISTICadoc ''',.':,,,,-,,,,,,,-,-,',`-----,=,--------,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,i,--4--,_-_-,,--,--,.4.7,,,,,,,_,,,,,,,,,,,,1-':-,-,,,,,•,,,,,,,,•.,:r,...,-,.:,-,-,,,,.,-,....,,,,,,,,---_,.-,,,,,,-.,-,--,'-,,,,,,,,,,,,,,,,,,'-,.,.,,,,,,,,,,,,,,,,,,,,,,,,--;-,,,,,,,,..„-,,-..--,-,,,,-,,,,,,_,--,,,:-.,,,,,,,,,,,,,,,-,-.-,--,....,-,,,,,,,,,,,,,,,7,,,,,,„,,,,;,,,-,-...,,,,,,, t v . EXHIBIT " A PLAT TO ACCO \*ANY 'PARCEL D',- !' 1''.! .($14,N 03/05/19 PAGE 3 OF 5 .,. NUMBER DELTA RADIUS LENGTH CHORD ,. CHORD BEARING ' I 47. 211 4249' CI 90°09'44" 30.00' . N.46°47'32W (Cl ) (89°52'29") (30.00' ) (47.06' ) (42. 38' ) (N46°57'39"W) , . . MICHAEL W. MILLARD RONALD D. LUTZ, JR. AND WIFE, SARA L. LUTZ (1.00 AC. ) VOL. 2538, PG. 358 AND WIFE, i ANGELA KELLY MILLARD (I.00 AC. ) N 1 VOL. 2430, PG 260 O.R.W.C.T. OR wCT ...y1041.....# _. • • • . c ...E....... ...._......._ - - ...._......_. „,,, .. t,„,. , A 1 (N89*331 711E I 83. 73' ) 1 i 0 30 60 1 .1 4 se „, 1 1 IIor'i T. 0-8'14'16 j ; STA. 81+51.73 391.16' LT i !tii4!!!iiij 1 - ,,,,,,'4 II l 5c.. ' 4 I I" = 60' 1 ira';'i6;':-: A r) A z iC 1 ln(-7 n _AJIRVLI . f) ,k,„ t-, .....1,,,, ,.. . r"'.-Z ..,...-,---r, A I il ,,,,-;1 i AB1-, I rAt- 1 No "---- ,. ti. 1 IyA, . Z 1 i .i ...v. .. PO I • od , 1 : :43 W I ,....... .......1 0...... Ii t, 1 i, ; CC• il4' '.:tti":2,',:.-, r 11 icr--c- rn,,,,Ii•,rri— .. SPIRITUAL ASSEMBLY OF BAHA IS OF ROUND ROCK, INC. In Ve' in (2.00 AC. ) DOC. NO. 9623250 ,,,1 , 1 O.R.W.C.T. i Us'el ij :if '': NATHAN LEISTICO and rn _. 1 ' ui I ' ,1 1 KENT LE I ST I CO .... ., It M'' 11P' 9j 1 (REMAINDER OF 2.00 AC. ) cyl . 1 o t 71 (..) - 7-ip , 0 04 0 OW.. .6i .. -6 VOL. 2074, PG. 716 „ o 1 11 ill 0.R.W.C.T. r-- 0 in u 0 :; 9, 0 ,, ,,, , ,,,,, - 71 .11 CITY OF ROUND ROCK, TEXAS , i v • 10' 'NIDE 0 NO. 2012023738 ti :11741 tiPil -,i: OPCT. 0h Z 'I. STA. 79+79.47 1-- 102.02' LT P.O. B• V I .... 111 1 O. 114 AC. STA. 81+65.05 x , , __ 4,970 SQ. FT. 78.68' LT ti .2• STA. 80.04.49 GRID COORDINATES: 77.00' LT N.10154573.15 IV it :0 <iv 1 E.31 43302.04 ILl i . •---.-,-„r,__, iii A ,, N88*01129"E 163.40s 14:,ti ,i„,, • PROPOSED R.O.W. ## / i14 li I'If r\ ....; _............ ....._.....,...,...,.... ljtiliftii_ LI Cs j 4 - '14-ST ING-R--e-lk-- ---- TEXAS POWER Vg t_I CA-1T CO. -,--,ts,----.. .....,-4. /----..,......... ......_,....,_........_......__..................... ..............,_. _ SOUTHWESTERN BELL TELE. CO. .". ..---- ---- t...-- ......-......-. ........ is . 2' W i DE EASEMENT VOL. 6.99, PC, 907 i -....,....._16, t_...,.,30.-At_ T149;W-115"8587:734--2.1 estj' , 101Tia::„ my OF ROUNG ROM, ,' 0.554 ACRE I'M TRACT -...._ .,_._ ..........,-......... ir, ..........._,_................... „.........._,.........„ , , .8 ,,--, , .. DOC NO '003052651 4 -CORRECTEDI d---cl---cd----ri-t,ijr,s-- Ak% ,-,,,i ,RE t Ji NI 0 ROUND ROCK . .00c ' 40 N -DUSTING-R.-1114-t, _....___..._____ .0.:P:R.,Vi.C.r.-------- -::_ ----------...----------- - , g•-• ''''L,'..--L.2".. 2`.. - ---:--z.------v....-=, ..............-----,..,..... ., ---- ..,---____,__-a--,__-_-,,,...,......_:t.-._..„.,............_....T-...-- stiR-......;E ymart ir.........,_ - . • - • , ----, , _____ ............- _ ....._ I ' S- NUMBER DIRECTION DISTANCE 1"."'------- '---:-."- CV eil"-- PRC;POSED GAtT I S SCHOOL D BAEL INE ...00 . , Li SO2*43' 1 4"E 25. 80' ..6 N.- GATT IS S SCHOOL ROAD L2 S02°30'09"E 28.91 ' 0 cc. (R.0.W. WIDTH VARIES) N W (L2) (S02°40'34"E) (29.00' ) u ai. .....,,.. ..... ....--.._...,,,..------ . L3 NO2°01 02W 2055. ' _____________________-___ L4 S46°58'31"E 35.38' -u- ____, ' .....„ d d„.,,,,,,.,,d.....d.--d.....d.,-..d-_-dd--.d PARCEL PLAT SHOWING PROPERTY OF , ii INLANDu .-. .,-' ...i NATHAN LE I ST I CO AND :,...,. i : 011 GEODEncs .... fl.iiii tio,t;w PROFESSIONAL LAND SURVEYORS KENT LE I ST I CO PARCEL 25 v., I 504 CHISHOLNI TRAIL RD.STE.1 03 .,..„, ROUND ROCK,TX.7868i ,,) PH.(512)238-1200,FAX(512)238 SCALE PROJECT COUNTY FIRM . FIRM REGISTRAMN Na 1oo591--o0 pr I" = GO' GATT IS SCHOOL ROAD WILLIAMSON ,, ' ,,... -.- ,, P:\*RTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 25-LEISTICO\PARCEL 25-LEISTICO-REV.dgn ii; :'', EXHIBIT A" PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/05/19 PAGE 4 OF 5 1 ) All beorings shown hereon are based on grid bearing. All distances are surface distances. Coordinates ore surface values based on the Texas State Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1920250-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 30, 2019, ISSUE DATE JUNE 10, 2019. 1. RESTRICTIVE COVENANTS: VOLUME 674, PAGE 33, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO. 10A. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 420, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT BE LOCATED. B. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 451, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. C. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 299, PAGE 455, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. D. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 304, PAGE 573, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. E. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 308, PAGE 31, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. F. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 325, PAGE 621, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, NO RECORD OF DEED FOUND. G. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 337, PAGE 364, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS LOCATION CAN NOT BE LOCATED. H. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 240, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. I. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 377, PAGE 242, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. J. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 419, PAGE 248, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. K. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 524, PAGE 124, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. L. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 544, PAGE 749, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. M. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 558, PAGE 90, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED. N. ACCESS EASEMENT RECORDED IN VOLUME 583, PAGE 478, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. if 0. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 699, PAGE 903, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. P. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN VOLUME 699, PAGE 907, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT AS SHOWN. O. WATER/SEWER/PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS RECORDED IN VOLUME 1347, PAGE 601, OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. R. PUBLIC UTILITIES EASEMENT GRANTED TO CITY OF ROUND ROCK, TEXAS, RECORDED IN DOCUMENT NO. 2012023738, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECT AS SHOWN. PARCEL PLAT SHOWING PROPERTY OF INLAND u NATHAN LE I S T I CO AND GEODETICS PROFESSIONAL LAND SURVEYORS K E N T LE 1ST I CO PARCEL 25 1504 CHISHOLM TRAIL RD.STE.103 ROUND ROCK,TX.78681 SCALE PROJECT COUNTY PH.(512)238-1200,FAX(512)238-1251 FIRM REGISTRATION NO.100591-00 F I" = GO' GATT I S SCHOOL ROAD WILLIAMSON C:\*HOME-OFFICE\KRTG-GATTIS SCHOOL\PARCEL. 25-LEISTICO\PARCEL 25-LEISTICO-REV.dgn EXHIBIT Ai, PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/05/19 PAGE 5 OF 5 LEGEND • I/2" IRON ROD FOUND, UNLESS NOTED c_ CENTER LINE O IRON SET W/ PLASTIC CAP R PROPERTY LINE ( ) RECORD INFORMATION STAMPED "INLAND-4933" —�— LINE BREAK O IRON ROD FOUND W/PLASTIC N DENOTES COMMON OWNERSHIP CAP, AS NOTED P.O. B. POINT OF BEGINNING P.O. C. POINT OF COMMENCING Q COTTON GIN SPINDLE FOUND N. T. S. NOT TO SCALE I• /2" IRON PIPE FOUND, UNLESS NOTED STMSE STORM SEWER EASEMENT X X CUT FOUND SSE SANITARY SEWER EASEMENT ® MAG NAIL FOUND P.U. E. PUBLIC UTILITY EASEMENT • 60/D NAIL FOUND D. R. W. C. T. DEED RECORDS WILLIAMSON COUNTY, TEXAS L\ MAG NAIL SET 0. R. W. C. T. OFFICIAL RECORDS © CALCULATED POINT WILLIAMSON COUNTY, TEXAS 0. P. R. W. C. T. OFFICIAL PUBLIC RECORDS O IRON ROD W/ ALUMINUM CAP WILLIAMSON COUNTY, TEXAS STAMPED "ROW-4933" SET P. R. W. C. T. PLAT RECORDS (UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS P 1 ',,''or tr , .-\ t ,- A -.440* Cr,4, ., 1 (IY*!,,I0S‘Stt.,70%.-*7V\ ,4".4 1 4,, * '' < a t.... 1' I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE .r►s..,r..•�rs� BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY ��: EPHEN� � ,', i SHOWN HEREIN WAS DETERMINED BY A SURVEY MADE ON THE t, ,I. . ..► GROUND UNDER Y 0 I VEC T SUPERVISION. ‘,4 4 49337; a Vstie orrss le AO * L)-t#1 /44A-Al 0146 ,7244XZZ(C) ''%:..° St I 42r- .:/ 1 77 STEPHEN TRL(ESDALE DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 ACRES SQUARE FEET LICENSED STATE LAND SURVEYOR ACQUISITION 0. 114 4,970 il INLAND GEODETICS, LLC FIRM REGISTRATION NO. 100591-00 CALC/DEED AREA 1.446 63,000 1 504 CHISHOLM TRAIL ROAD, SUITE 103 REMAINDER AREA 1.332 58 030 ROUND ROCK, TEXAS 78681 , .illi iL PARCEL PLAT SHOWING PROPERTY OF t N L A N D u NA T HAN LE I S T I CO AND GEODETICS I /PRvORSLi KENT E I S T I PARCEL 2 S 1504 CHISHOLM TRAIL RD.STE.103 ROUND ROCK,TX.78681 SCALE PROJECT COUNTY PH.C512)238-1200,FAX(S12)238-1251 FIRM REGISTRATION NO.l 00591-0o fir1" = 60' GATT I S SCHOOL ROAD WILLIAMSON C:\*HOME-OFFICE\*RTG-GATTIS SCHOOL\PARCEL 25-LEISTICO\PARCEL 25-LEISTICO-REV.dgn 2021057392 Page 12 of 12 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2021057392 Pages: 12 Fee: $61.00 04/20/2021 08:08 AM (4,4 ,Fl Nancy E. Rister,County Clerk Williamson County,Texas ELECTRONICALLY RECORDED 2021055067 Williamson County,Texas Total Pages: 11 15/ a°(eS103L -KFO/JI3 TRAIL EASEMENT THE STATE OF TEXAS � § KNOW ALL BY THESE PRESENTS; COUNTY OF WILLIAMSON § That COMET REALTY, L.L.C., and its successors and assigns, ("Grantor",whether one or more);for and in consideration of the sum of Ten and Nof 100 Dollars ($10.00)and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a homeru1e municipality situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a public trail easement, for the benefit of the general public, in the form of recreational trails over and across the below-described property, for use by the public for the purpose of walking, running, hiking, bicycling, or traversing over, upon and across, and otherwise using such trails; together with the express right to construct such recreational trails and associated facilities and maintain the easement area by clearing and removing vegetation, silt and debris therefrom, in, upon, over, under, above and across the below-described property (the"Property"or"Basement"): All of that certain 0.519 acre (22,606 Sq. Ft.) tract of land in the Wiley Harris Survey,Abstract No. 298, Williamson County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein (Jajce15). The perpetual easement, rights-of-way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public recreational trail facilities,public trail materials and related appurtenances, equipment and signage. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described Property to the extent, and only to the extent, that the same may still be in Force and effect and shown of record in the office of the County Clerk of Williamson County,Texas. Except as otherwise noted, the easements, rights and privileges herein granted shall be perpetual,provided however that said easements, rights, and privileges shall cease and revert to Grantor in the event the facilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. 00464637.DOCIdc 15/ O(P O 34 -KFO/JB TRAIL EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That COMET REALTY, L.L.C., and its successors and assigns, ("Grantor", whether one or more), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a home-rule municipality situated in the County of Williamson and State of Texas ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee certain rights and interests in the nature of a public trail easement, for the benefit of the general public, in the form of recreational trails over and across the below-described property, for use by the public for the purpose of walking, running, hiking, bicycling, or traversing over, upon and across, and otherwise using such trails; together with the express right to construct such recreational trails and associated facilities and maintain the easement area by clearing and removing vegetation, silt and debris therefrom, in, upon, over, under, above and across the below-described property (the "Property" or"Easement"): All of that certain 0.519 acre (22,606 Sq. Ft.) tract of land in the Wiley Harris Survey, Abstract No. 298, Williamson County, Texas; being more fully described by metes and bounds in Exhibit "A", attached hereto and incorporated herein (Parcel 5). The perpetual easement, rights-of-way, rights and privileges herein granted shall be used for the purposes of location, placement, relocation, construction, operation, enlargement, maintenance, alteration, repair, rebuilding, removal and patrol of public recreational trail facilities, public trail materials and related appurtenances, equipment and signage. This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described Property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easements, rights and privileges herein granted shall be perpetual, provided however that said easements, rights, and privileges shall cease and revert to Grantor in the event the facilities are abandoned, or shall cease to be used, for a period of five (5) consecutive years. 00464637.DOC/dc ., , , The easements, rights and privileges granted herein are exclusive, and Grantor covenants that they will not convey any future easement or conflicting rights within the Property covered by this grant, unless otherwise specified herein, without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the facilities contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the facilities thereon. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner: advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon reasonable safeguards, or denying consent. Grantor reserves the right to grant additional easements for utility use across the Easement or the Property, but not longitudinally over the Easement, provided (1) crossings are made at not less than approximate 45°angle to the trail facilities; (2) sufficient clearance between facilities is maintained; and (3) such construction does not interfere with the access to, or with the operation, maintenance and safety of the Grantee's trail facilities, as reasonably determined by Grantee. If approval by City of Round Rock is required, then such approval shall not be unreasonably withheld. Grantor further grants to Grantee: (a) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land along and outside the easement to such extent as Grantee may find reasonably necessary; (b) the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the Easement and to trim and to cut down and clear away any trees on either side of the Easement which now or hereafter in the opinion of Grantee may be a hazard to any of the facilities, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder, provided, however, that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shall continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be removed by Grantee; (c) the right to mark the location of the Easement by suitable markers set in the ground; provided that such markers shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement; 2 Grantee hereby covenants and agrees: (a) Grantee shall promptly backfill any trench made by it on the Easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; (b) To the extent allowed by law, Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such Property for any and all purposes which do not interfere with and prevent the use by Grantee of the easement. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easements; provided, however, before constructing any improvements, at least ten (10) days written notice shall be provided to Grantee of the general plans of the improvement to be constructed on the Property, and Grantor must first obtain the consent and approval from Grantee of the construction and location of any improvements within the Easements. Grantee shall have the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining said facilities, all upon the condition that Grantee will at all times after doing work in connection with the construction or repair of said facilities restore the surface of said premises as nearly as is reasonably possible to the condition in which the same was in before the work was undertaken, considering the uses and purposes of the rights granted herein. Grantor hereby dedicates the Easement as a trail easement for the purposes stated herein. This Easement is being delivered in lieu of condemnation. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns, forever, and Grantor does hereby itself, and its successors and assigns, and legal representatives, to warrant and forever defend, all and singular, the above-described Easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, when the claim is by, through, or under Grantor, but not otherwise. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this /1'i day ofa/044,16, , 2021. [signature pages follow] 3 GRANTOR: COMET REALTY, L.L.C. Bye Name: 'ar 7 /346ii--yet-i- - /7(aix9e/-- ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF This instrument was acknowledged before me on this the // dayof the month of g ,4 S r^i / , 2021, by Eci. ,mod " 46teT eSs , in the capacity and for the purposes and consideration therein expressed. .0 st;,. JULIA BECHARA ! i� My Notary ID#7711050 �TF••.•��+�= Expires June 7,2022 Notary blic, State of Texas AMP'IIIMMIPROPMMIMONA PREPARED IN THE OFFICE OF: Sheets & Crossfield, PLLC 309 East Main Round Rock, Texas 78664 GRANTEE'S MAILING ADDRESS: City of Round Rock Attn: City Clerk 221 Main Street Round Rock, Texas 78664 AFTER RECORDING RETURN TO: 5 County: Williamson Page 1 of 5 Parcel: PARCEL 5 (Comet Realty 2.762 Acres) August 13, 2020 Project: Heritage Trail Rev. Feb. 2021 EXHIBIT A PROPERTY DESCRIPTION FOR PARCEL 5 DESCRIPTION OF A 0.519 ACRE (22,606 SQUARE FOOT), TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 2.762 ACRE TRACT OF LAND CONVEYED TO COMET REALTY, L.L.C. BY INSTRUMENT RECORDED IN DOCUMENT NO. 2008091376 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.519 ACRE (22,606 SQUARE FOOT) TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a Capped Iron Rod stamped "Inland 4933" set in the westerly boundary line of said 2.762 acre tract, same being in the easterly boundary line of Lot 10 of Heritage Center, a subdivision of record in Cabinet F, Slides 294-295 of the Plat Records of Williamson County, Texas, for the northwesterly corner of the herein described tract, from which a 1/2" iron rod found being the northwesterly corner of said 2.762 acre tract, same being the southwesterly corner of that remainder of a called 4.52 acre tract of land conveyed to George Johns Post No. 477, American Legion by instrument in Volume 423, Page 614 of the Deed Records of Williamson County, Texas, also being in said easterly boundary line of Lot 10, Heritage Center, bears N 02°01'14" W for a distance of 116.70 feet to a calculated point and N 02'00'11" VV, pass at a distance of 16.22 feet a capped iron rod stamped"Diamond"found, for a total distance of 126.03 feet; THENCE, departing said easterly boundary line of Lot 10, through the interior of said 2.762 acre tract, the following three (3) courses; 1) N 84°56'58" E for a distance of 15.91 feet, to a capped iron rod stamped "Inland 4933" set; 2) S 5002148" E for a distance of 23.81 feet to a capped iron rod stamped "Inland 4933" set; 3) S 89°06'09" E for a distance of 172.65 feet to a capped iron rod stamped "Inland 4933" set in the easterly boundary line of said 2.762 acre tract, same being in the existing westerly Right-of-Way (R.O.W.) line of Georgetown Street (variable width R.O.W.), for the northeasterly corner hereof, from which the northeasterly corner of said 2.762 acre tract, same being the southeasterly corner of said remainder of 4.52 acre tract, bears N 12°23'46" E for a distance of 229.30 feet to a calculated point, N 10°08'46" E for a distance of 111.22 feet to a calculated point and N 06'08'46" E, pass at a distance of 38.00 feet a 1/2" Iron Pipe found, for a total distance of 39.92 feet; THENCE, with said common boundary and R.O.W. line, S 12°23'46" W, pass at a distance of 62.36 feet a 1/2" Iron Pipe found 2.48 feet right of this course, for a total distance of 109.66 feet to a calculated point in the record approximate calculated centerline of Brushy Creek being the southeasterly corner of said 2.762 acre tract, for the southeasterly corner hereof; County: Williamson Page 2 of 5 Parcel: PARCEL 5(Comet Realty 2.7.62 Acres) August 13, 2020 :Project: Heritage Trail Rev. Feb. 2021 THENCE, departing said westerly R.O.W. line, with said centerline of Brushy Creek, same being the southerly boundary line of said 2.762 acre tract, for area calculations only, the. following two (2) courses: 1) -S 88°53'46" W for a distance of 82.87 feet to a calculated point; 2) S 76°48'46" W for a distance of .97.80 feet to a calculated point being the southwesterly corner of said 2.762 acre tract, for the southwesterly corner hereof; THENCE, departing said centerline of Brushy Creek, N :02°01'14" W, pass at a distance of 25.20 feet a calculated point being the southeasterly corner of said Lot 10, continuing with the common westerly boundary line of said 2.76.2 acre tract and said easterly boundary line of Lot 10, for a total distance of 147.60 feet to.the POINT OF BEGINNING, containing 0..519 acres (22,606 square feet) of land, more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane. Coordinate System, Central Zone No. 4203,. NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdate, a Registered Professional Land Sufveyor, do hereby certify that. the above description is true and correct and that the property described herein was determined by a survey made on the-ground under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas. ...... -..,.., .,,:i... _,..,..e::.„,..,.---...:. „...,.. . ....„..... .„. ,. ..„ ... ;.,-. .. . . ., . .,..4....:..,..:-....:‘...:e". .•...:..4:. -:::::.... ,......: . ,, ....--• ./ v ,iii: /Ait ,-r '-',.-------- ',...--:- • -----:---'.----- ••••----•-:------.,!:.-00w',.....----;:..... . . .• ..--.• :...,,•'. .. -i --- ,.•::--•....-..-lr:-------.:-' i M. Stephen Tr *:0s.dale Date 4.......„. '..,,Amk.s.,40.,..,:,..... Registered Professional Land Surveyor No. 4.933 .,,.t,,irtyc..C.:-..... ... Licensed State Land Surveyor ,,i.p.y:,..*...4,73.S T.ii.:!:*,,,,,: 1,..Q.,. ...4!.'..*',4'. ..$14,.. Inland Geodetics, LLC ,;(0(0:q, Ity -01,0) Firm Registration Na: 100591-00 r.4 ht STEPHEN TRU:El:4*LX; 1504 Chisholm Trail Road, Suite 103. $ir,i7-41ir5 ."-77.7r.- Round Rock, TX 78681 s(Ly:',`‘.?0,.. '.. .0•!;,:r(t.T.:-.'::.• N.,},,,':';x SOW4......,..s..,:: -..:.! • ,. ...::44..Noc:7.:::::...• . SA CORR-PROJECTSTARKS &REMHERITAGE TRAILVILQUISITION SURVEYS 2020\CARLSON\ PARCELSITRCT5,COMET REALTY.2_762ACNHERITAGE TRA1L-COMET REALTY,,2_762AC.DOCX ' ' . - An T ...................................................................................................... ................................ ....... ......... ......... ................... .......................... ............ .... ............... ............ ....... .............. ............... ....... ........... .......... ........ 02�6ES,CRIP TION PLA T TO A C:COMP.ANY GEORGE JOHNS POST .NO+ .477 AMERICAN* LEGION OF 4.52 AC '(REMAI.NDER, Go 614 VOL* 423, P D 0 W.Ci aTt R4 SEE DETAIL "Als' 0 4'9 3 ACO TRACT .......... N060*846."E to 30 60 39*92' .................. .............. 1 60 -OMET REALTY, L.Lm'Cz . (2.7 6 2 .C/ ` IBI 7w -LCO. AI . 0. . �� v.. 2008091376, � O.P``'`~' � �� . .'' � � —` � .� tj :k. o p � fj � LOT ,. `. � / HERITAGE ' — z ..� AC�_?)' ~�`�~� -���` CAB Fs SLIDE 294---t-295 . '-- `~. { P,R.WX..To� NZ / . . ' " � 15,691. - SHIPPING ^ ' BUI'LDIN..c � CONTAMNER-S P'*-.'~� ` . . | ^` S890 | '`. 72*65- 6 DETAIL A / S5V2' V48"E NoTtS. , 23-o8--il �. SEE5 ' DET _—_ B. � SEE. `'-� �� �� 22.0,606 � .. .. _' wo._` . | ` � ,~_ � '' ` n ' _ � . z .=, ,. — ` | ^ AS88"53 (S8961-5 ' ~``USH/ `. ., ' �. � . 2.48 / ^ ~^ , ( } ! � D'-`. B NiiTsSi ^~, -N -L A ;N' D.-u -EL ARC .5 G-EO.D E-T I S- E. s T E PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD'.S,TE* 03 0o 5 19` ACR'E.S' REV.,*' FEBR.U-A.RY-26 2-021 ROUND' ROCK,TXg 78681 PHaJS 12)2 39-1200JAX,(5 12),23 9 12S-1 -2-020- 2.-2-�_6-.0.6 SQ.U.ARE FE'ET AUGUST' 131 FIRM REGISTRATION NO*1005.910000 OF 5 P A`G E 3 ...... ............ ....... . ~ _ . A ...........*........ ........ .................................................I......... ...... ....................... ................. ........................................................................................................................... ....... ............. ............................................... . ................................................................................... ................. ......................... ....... P,LAT' TO A.C­C* OMPANY D-ESCRIP-TION d*nates, 'are own bas.ed rid: b tances are surface distd-nces, Coor i 1) All bearings sh hereon -are. on g eoring All.. dis .83, Centr surface values'' based on th.e. Texas. -Stote 'Plane :Coor6na.te System., NAD al Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUN,.CTIO'N WITH THAT COMMITMENT FO R TITLE INSURANCE -020 ECTIVE DATE' NOVEMBER� 17 2 G,F NOo 2065034*--KFOI. JSSUED BY TITLE. RESOU.13'CES' GUARANTY COMPANY', EFF ISSUE -DATE NOVEMBER 25 2.0 2'0*. 1 0Av ELECTRIC TRANS-MISSION AND/OR. D1STRIBUTION LINE' EASEMENT TO TEXAS POWER & LIGHT C0MPANY- R-EQ.013DED -N,� CANNOT BE IN VOLUME 289 LLIAMSON COUNTY, TEXAS-, FROM ITS DESCRIPTIO PAGE. 428, DEED RECORDS' OF WI LOCATED* PAG*E- 4. OF'511 ................... ................. ........... ! EXH1131T' .......... ............. B� ..'_� LIGHT' 'RECORDED | �" `��`'�' '�', -'`� �.. -EE' ;`^''�� Of WI''''^'' COUNTY- TEXAS, ''ES NOT AFFECT ' C'* �._. ... `_'E. .~ �Y OF ^`. ROCKRECO'RD.ED VOLUME. �9� `'E 3.83, �-' -��� - '^``,,SO. COUNTY, TEXA1.3, FROM ITS. DESCRIPTION, DOES N.OT ..rF'-. D� �_._T_� TRANSMISSI `' RECORDED IN VOLUME 308, PAGE �� DEEDRECORDS 0F :W1LL1AM,S0-N,- COUNTY, ``�' DOESCORDED E* AFFECT, � !VOLUME' ON .`�. ����.�� ^~ `,-.^.��- TEXAS. POWER & LIGHT COMPANY RE �'_ND/O-R DISTRIBUTION-LINE EASEMENT TO --`.� DO.S .O. `F.-C.' `'.` PAGE.- 457.�. ' .'` ' Fit ELECTRICTEXAS POWERCOMPANY. RECORDED ^ IN ' ~^_�� .. WILLIAMSONCO.U.NTY', _.` _..n .' '��- VOLUME 31-2, PACE,:524, DEED '^`. 'G. ' ���]� IN VOLUME .�� / PAGE 265, DEED* RECORDS `` ^',-�' ''-` 'EXA5, ''`,'` I APPLICABLE* `} H. ELECTRIC .S '. -�. �'-.�. , .'.�. �-. -`'15t� DEED REC-ORDS OF WILLIAMS0 -Nj FROM 1TS -^ . CANNOT BE LOC'. E * \ ES 1 ` ELECTRIC IN VOLUME 42.7, PAGE� [ 16s DEED REC.ORDS OF WILLIAMS.0N. FRO-M ]TS. DESCRIPTION, CANNOT* BE LOCATED. J. PIPELINE EASEMENT :TOGAS '..P... �RECOR.DED .. 42-7.0243� AS PARTIALLY � RELEASED . '`'`. ��, '�E �21. �� ��,.f `../�` DOES* `^ ,`�_- / K. SEWER AND �WATER LINES'70 �.~' OF R-OUN'D '`C.' REC-ORDED.� .JN 547v PA'.�40, DEED OF W AMSON, D'OES NOT AFFECT- i .. VOLUME' �56, PA'E� �447,.t 'DEED RECORDS OF WILLIAMS.O.N., FROM' - -- -' ' ' ' |� � v � TS (' ___�_�__~'____ __________-_--___ ________�'__ __. . ILLI ---- -' ._� `` 1 | ` N L- A N �� u ~'�r�','... ~' EASEMENT,�E`�-'`�,'~�S ESTATE i '-^'~~'``LAND`SURVEYORS `_�, . AC.RES' } .� 6 . i EXHIBIT PLAT TO ACCOMPANY DESCRIPTION LEGEND •..___...„. ________ _____________,..... .___._ _ ... . O 1/2' IRON PIPE FOUND P R W C I FLAT RECORDS WILLIAMSON O+ IRON ROD WITH CAP FOUND COUNTY TEXAS 0 '..: 1/2" IRON ROD FOUND O.R.W.C.T. OFFICIAL RECORDS UNLESS NOTED WILLIAMSON COUNTY, TEXAS A CALCULATED .POINT 0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS 1 TxDOT TYPE I MONUMENT N.T.S. NOT TO SCALE o IRON ROD WiTH PLASTIC CAP P.U.E. PUBLIC UTILITY EASEMENT STAMPED "INLAND 4933" SET F.Q.B. POINT OF BEGINNING E PROPERTY LINE ( ) RECORD INFORMATION D R W C T DEED RECORDS WILLIAMSON COUNTY TEXAS .1 M. ACCESS EASEMENT TO ROUND ROCK SAVINGS ASSOCIATION REGORGED IN VOLUME 614, PAGE 615, DEED 1 RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. t' N. ACCESS EASEMENT TO EQUITABLE SAVINGS ASSOCIATION RECORDED IN VOLUME 812, PAGE 29, DEED RECORDS 1 .1 OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. 1 0. TERMS, CONDITIONS, AND STIPULATIONS IN THE RIGHT OF CONSTRUCTION FOR UNDERGROUND WASTEWATER. LINES RECORDED IN DOCUMENT NO, 2001092869 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT 1. AFFECT. P. TUNNEL WASTEWATER EASEMENT TO LOWER COLORADO RIVER AUTHORITY RECORDED IN DOCUMENT NO. 2002062561,: OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT. . , , . ., 1) GRADIENT EDGE OF WATER LINE ON APRIL 15, 2020, AS IMPOUNDED BY VETERAN'S PARK DAM.. I HEREBY CERTIFY'THAT THIS PLAT IS TRUE AND CORRECT AND THAT THE PROPERTY SHOWN HEREON WAS DETERMINED BY A SURVEY MADE ON � �`"�*, 1 THE GROUND UN' MY DIRECT SUPERVISION. .��"""'i "'itsz,LN.':.. __,,,,,_.... . •-' C-- 4 : .00i- y H4.1. . .., •:,....„..„..,........„ ...- .Ay-,.......6%S.?e 47%-b... . .•4,,, ,„ •4 ••.ft.7 ' ..'.CI:4%. r":. .<'''''' �:.,...' �' } Za 2S ♦m e s�aawg a 0'. �ee+fie.....:.,.. ,�f M. ST N TRUE DALE DATE 4� �4,������f:E�d7U5Gl�L Wltla�ag@epetMi69#i.�HieOtYPka♦ REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 c's... -if;� 4933. •�°;��;' �' LICENSED STATE LAND SURVEYOR ���r�"!: �3, '0 ...i INLAND GEODETICS LLC Siq� .. ....,. , .. - .;:tike . : ; 1 FIRM REGISTRATION NO l00591-0Q 1 1504 CHISHOLM TRAIL ROAD, SUITE 103 . --,44,:,..„i;40--- : .. . 1 ROUND ROCK, TEXAS 78681 IA . - - - --k, ;� INLANDU PARCEL 5 1! ii,;';:t! GEODETICS -1 iii, EASEMENT ESTATE , . .,. ;-::4 PROFESSIONAL LAND SURVEYORS 0..51 9 ACRES : ,:::,;ii. ROUND ROCK,�.7sc�s1REV: FEBRUARY 26, 202.1) 1 ' .;!.: PH.(512)738-10:0,FAX.(512)238-;1251 22,606 SQUARE FEET AUGUST I3:, 2020 1; "1' FIRM REGISTRATION NO0 100591-00 Fr PAGE5OF5 . II : ..:_____„,,.,,_..„ .•• • _ •••.•• ••••••..._....__ . ....•.•.•.•.......•,„....„............. ...,_,......,............ . • .._,_„,....___............................_.............._• _ _ • ...••• ,.......____.....,..„,..„..„..,,,___,_. ,;_,... ,,r,i: i+pnirrr=..rr.c:i,:: p,-r,,iizr,um.F rrt.i,..,rnii ,,:!ni,, ,i,r..v:; ..:.,0:-.,0,,,,-r;F, :rx,i\pnar r ;,irry -, ()!.«r rrMr; ,a;�nr,JirrrrACJ r:.AO MATT PrAiiv 2021055067 Page 11 `-. ELECTRONICALLY RECOR ED ......`IA. P. LIC RECORDS 2021055067 Pages: 11 Fee: $57 a 00 04/14/2021 03:24 PM 11L lot `.Nancy E. Rister,County Clerk Willow son County TeAQ s%in