Loading...
R-03-09-11-10D2 - 9/11/2003RESOLUTION NO. R -03-09-11-10D2 WHEREAS, the City desires to undertake improvements to Chisholm Trail Road, which will include the design and construction of a regional drainage systemwithin the eastern right-of-way of Chisholm Trail Road (the "Project"), and WHEREAS, Chisholm Trail Developers Venture, Ltd. ("CTDV") is the owner of certain real property located along Chisholm Trail Road, and WHEREAS, the City and CTDV wish to enter into an Agreement Regarding Stormwater System and Dedication of Right -of -Way for Public Improvements for the dedication of additional right-of-way by CTDV for the Project, and for the development of joint drainage facilities for a portion of the Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement Regarding Stormwater System and Dedication of Right -of -Way for Public Improvements with Chisholm Trail Developers Venture, Ltd. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of September, 2003. @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R30911D2.WPD/sc 4, i • , - , May. of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary 2 AGREEMENT REGARDING STORMWATER SYSTEM AND DEDICATION OF RIGHT-OF-WAY FOR PUBLIC IMPROVEMENTS This Agreement is made and entered into as of the effective date set forth below by and among THE CITY OF ROUND ROCK (the "City"), and CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership ("CTDV"), as successor and assignee from CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture ("Chisholm Trail"). RECITALS: A. Chisholm Trail Developers Venture, Ltd. is the owner of approximately 139.667 acres of land, more or less, being those two (2) tracts of land described as 63.77 acres and 83.167 acres in Deed recorded in Volume 1322, Page 207 of the Official Records of Williamson County, Texas, save and except that 7.27 acres conveyed to Deed recorded as Document No. 2000064811 in the Official Records of Williamson County, Texas (the "Chisholm Trail Property"). B. The City, Chisholm Trail and Boulevard Motel Corp., a Maryland corporation, entered into an Agreement Regarding Construction of Drainage Improvements effective January 11, 1996, providing for the construction of certain drainage and detention facilities as part of the City's regional drainage program, providing that no on-site detention facilities shall be required on the Chisholm Trail Property; providing for the grant of drainage easements for the conveyance of stormwater runoff and drainage over and across the 63.77 acre portion of the Chisholm Trail Property; and providing for certain credits against the regional detention fees that would otherwise be required to be paid to the City as the result of the construction of such drainage and detention facilities. C. The City, Chisholm Trail and Round Rock Hospitality, L.P., a Texas limited partnership, entered into an Agreement Regarding Construction of Stormwater System Improvements effective June 24, 1999, providing for the construction of certain drainage facilities along the right-of-way of Chisholm Trail Road, which bisects the Chisholm Trail Property, and across the 83.167 acre portion of the Chisholm Trail Property; providing for the grant of a stormwater line easement across such portion of the Chisholm Trail Property; and providing for the improvement of Chisholm Trail Road, including the bridge crossing Onion Creek, to accommodate the conveyance of stormwater from a 100 -year storm event to eliminate an increase in the inundation of the Chisholm Trail Property. D. Subject to the approval of bonds to finance the costs, the City desires to improve Chisholm Trail Road, which will include the design and construction by the City of a regional drainage system within the eastern right-of-way of Chisholm Trail Road, and has requested CTDV dedicate additional right-of-way for Chisholm Trail Road to allow for the improvement of Chisholm Trail Road and the construction of such regional drainage system. 00052232 1 EXHIBIT b .0 $ "An E. CTDV has agreed to dedicate the additional right-of-way for and in consideration of the covenants, agreements and understandings set forth below and on and subject to the terms, conditions and provisions of this Agreement, and the parties desire to memorialize the agreements and understanding among them with respect to such matters. NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements of the parties as hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and CTDV agree as follows: 1. CTDV agrees to dedicate to the City for public street right-of-way for the widening and improvement of Chisholm Trail Road, including the installation of drainage and related improvements as part of the City's regional drainage system (the "Project"), on and subject to the terms, conditions and provisions of the Dedication of Right -of -Way attached hereto as Exhibit A and made a part hereof (the "Dedication"), which terms, conditions and provisions are incorporated herein by this reference and made a part hereof for all purposes as if the same had been set forth in its entirety herein. 2. The City shall design and construct as part of the Project a stormwater runoff and drainage system within the eastern right-of-way of Chisholm Trail Road as part of the City's regional drainage system, which shall be sized sufficiently to accommodate stormwater runoff and drainage for the Ultimate 100 -year, fully developed design flows (assuming 80% impervious cover) from that portion of the Chisholm Trail Property that naturally drains toward Chisholm Trail, as well as from the Chisholm Trail Road, Chisholm Trail Parkway and George R. Brown Parkway street improvements (see Exhibit B for approximate drainage areas included), so as to convey said drainage to Onion Branch Creek. It is understood and agreed that such drainage improvements shall include the construction of approximately 740 linear feet of an estimated 42 inch RCP drainage pipe from the existing termination of the City's regional drainage system in Chisholm Trail Road connecting to approximately 590 linear feet of 60 inch RCP pipe extending to Onion Branch Creek at the bridge structure described below (as generally reflected on Exhibit B). The purpose of this system is to avoid duplication of drainage lines and/or filtration of runoff in two separate systems. The City confirms and agrees that CTDV shall be entitled to direct stormwater runoff from all or any part of the Chisholm Trail Property that naturally drains toward Chisholm Trail to the drainage improvements constructed as part of the Project, subject to approval from the Texas Commission for Environmental Quality ("TCEQ"). 3. The City further confirms and agrees that no on-site detention facilities shall be required for the development of any portion of the Chisholm Trail Property; provided, it is understood and agree that the owner(s) of the Chisholm Trail Property shall be required to comply with the applicable requirements of the TCEQ for the filtration of stormwater runoff from the improvements constructed on the various portions of the Chisholm Trail Property, but only to the extent of the stormwater runoff from the improvements constructed on each respective portion of the Chisholm Trail Property and not from any other property or right -or - way. 2 CTDV confirms and agrees that the owner(s) of the Chisholm Trail Property shall be responsible for satisfaction of the regional stormwater management fees required for the development of the Chisholm Trail Property in accordance with the ordinance and policies of the City. The City and CTDV expressly acknowledge, confirm and agree, however, that this Agreement shall not in any way alter, affect, modify or change the rights, entitlements, duties and obligations of any party under the above-described existing Agreement Regarding Construction of Drainage Improvements or the Agreement Regarding Construction of Stormwater System Improvements. Without limiting the generality of the foregoing, CTDV acknowledges that it continues to be obligated to construct the Phase II Improvements as described in the Agreement Regarding Construction of Drainage Improvements, and the City agrees that CTDV shall be entitled to receive a credit in the amount as provided in said Agreement Regarding Construction of Drainage Improvements against any regional drainage fees that would otherwise be payable by CTDV with respect to any development of the Chisholm Trail Property occurring after the completion of such Phase II Improvements. 4. As part of the Project, the City shall design and construct a bridge structure over Onion Branch Creek to accommodate the Ultimate 100 -year, fully developed design flows for Onion Branch Creek through and under the bridge structure so that there shall be no increase in the inundation of any portion of the Chisholm Trail Property, upstream from the bridge structure. 5. It is acknowledged that CTDV contemplates placing fill material within a portion of the fully developed 100 -year flood plain on the Chisholm Trail Property to accommodate the development thereof. The City agrees to cooperate in approving the necessary applications and permits for such modifications of the 100 -year flood plain, including the approval and submission of a Letter of Map Amendment, or Letter of Map Revision, as appropriate, to the Federal Emergency Management Agency. It is understood and acknowledged that any such modification or alteration of the 100 -year flood plain shall comply with applicable federal requirements so as to not have an adverse impact on the owners of private property upstream or downstream from the Chisholm Trail Property. 6. As part of the Project, the City shall design and construct the intersection of George R. Brown Parkway (as generally reflected on Exhibit B) and Chisholm Trail Road, including at least a center turn lane (if not a left turn lane), curb returns to the property line and installed signalization conduit at such intersection. The exact location and the plans and specifications for such intersection shall be subject to the prior approval of CTDV, which approval shall not be unreasonably withheld. The City and CTDV agree that George R. Brown Parkway may be designed and constructed from the frontage road of Interstate Highway 35 to Chisholm Trail Road as a five lane urban street with sixty-four (64) feet of pavement, including curbs, within ninety (90) feet of right-of-way, subject to approval of the plans and plats by City of Round Rock Planning and Zoning Commission. 7. As part of the Project, the City shall further design and construct the intersection of the extension of Chisholm Trail Parkway (as generally reflected on Exhibit B) and Chisholm Trail Road, including at least a center turn lane (if not a left turn lane), curb returns to the 3 property line, and installed signalization conduit at such intersection. The exact location and the plans and specifications for such intersection shall be subject to the prior approval of CTDV, which approval shall not be unreasonably withheld. The City and CTDV agree that Chisholm Trail Parkway may be designed and constructed from its existing termination to Chisholm Trail Road as a standard street with forty-eight (48) feet of pavement, including curbs, within seventy (70) feet of right-of-way, instead of extending the existing two lanes of twenty-four (24) feet of pavement and median, subject to approval of plans and plats by City of Round Rock Planning and Zoning Commission. Additional right of way and street width will be required at the intersection of Chisholm Trail Parkway with Chisholm Trail Road to provide for the required left tum lane. 8. The City expressly agrees that all of the costs of the Project shall be paid solely by the City, and neither CTDV nor the subsequent owners of the Chisholm Trail Property, or any part thereof, shall be responsible for any part of the cost of the Project. The City expressly waives and releases CTDV and the Chisholm Trail Property from any fee, charge, levy or special assessment imposed to generate revenue for funding or recouping the costs of the Project or other transportation or traffic related improvements. 9. This Agreement and the Dedication contain the entire agreement between the parties with respect to the matters covered hereby, and no oral statements or prior written matter not specifically incorporated herein shall be of any force and effect. No variation, modification, or changes hereof shall be binding on any party hereto unless set forth in a document executed by such party or a duly authorized agent, officer or representative thereof. 10. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 11. All notices, demands and requests hereunder shall be in writing and shall be deemed to have been properly delivered as of the date of delivery if personally delivered or as of the first business day after the date of deposit in the U.S. Mails if sent by certified mail, return receipt requested, postage prepaid, addressed: to the City at: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 with copy to: Director of Public Works City of Round Rock 221 East Main Street Round Rock, Texas 78664 4 to Chisholm Trail at: c/o Highland Management, Inc. Southwest Tower Building 211 E. 7th Street, Suite 709 Austin, Texas 78701 Or to such other addressee or address which either party may so designate by sending notice as aforesaid. 12. Time is of the essence in this Agreement. If the expiration of any time period set forth herein falls on a Saturday, Sunday or legal holiday, such time period shall be deemed to expire on the next day which is not a Saturday, Sunday or legal holiday. The last day of any period of time described herein shall be deemed to end at 5:00 p.m., local Austin, Texas time. 13. In addition to any other remedies to which the parties may be entitled, at law or in equity, including, without limitation, an action for damages or an injunction to prevent the violation or attempting to violate the provisions hereof, in the event of a default hereunder or breach of any obligation or agreement provided herein, the provisions of this Agreement shall be enforceable by specific performance. 14. This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations hereunder are performable in Williamson County, Texas. In the event judicial action is necessary for the interpretation or enforcement of any of the covenants and conditions contained herein, the City and CTDV agree and consent to the jurisdiction of the District Courts and County Courts at Law of Williamson County, Texas, and of the United States District Court for the Western District of Texas (Austin Division), and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions between the City and CTDV with respect to the subject matter hereof, and agree that such courts shall be the exclusive forums for the resolution of any actions between the City and CTDV with respect to the subject matter hereof. 15. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall continue in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable shall govern. 16. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs of court and reasonable costs incurred to maintain such action, from the other party or parties, which fees may be set by the Court in the trail of such an action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief that may be awarded. 5 17. This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. EXECUTED by the parties on the dates of their respective acknowledgements to be effective the date of the last such acknowledgement. THE CITY: THE CITY OF ROUND ROCK By: Name: Title: CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership, By: HiJolly, Inc., a Texas corporation, It's Generartner By: r t vu. A.J..# �, THE STATE OF TEXAS COUNTY OF WILLIAMSON David C. Bodenman, President This instrument was acknowledged before me on the day of 2003, by , as the of THE CITY OF ROUND ROCK, a municipal corporation under the laws of the State of Texas, on behalf of said municipal corporation. NOTARY PUBLIC, State of Texas Print Name: 6 THE STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the e<v day of 2003, by David C. Bodenman, President of HiJolly, Inc., a Texas corp tion, General Partner of CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership, on behalf of said corporation and limited partnership. AFTER RECORDING, RETURN TO: David Bodenman Highland Management Inc. 211 East Seventh Street, Suite 709 Austin, TX 78701 7 --NOTARY PUB C, Stateof Te Print Name: j �, 47 ,,•�r� c DEDICATION OF RIGHT-OF-WAY THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF WILLIAMSON § That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership ("CTDV"), as successor and assignee from CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture ("Chisholm Trail")("Grantor"), being the owner of the following -described real property, for and in consideration of the benefits accruing to Grantor as the owner of certain adjacent property by reason of this Dedication of Right -of -Way, the conditions, covenants and agreements set forth in that certain Agreement Regarding Stormwater System and Dedication of Right -of -Way for Public Improvements dated effective , 2003, between Grantor and Grantee herein (the "Agreement"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby DEDICATE and GRANT to the CITY OF ROUND ROCK, a home rule municipal corporation situated in the County of Williamson, State of Texas ("Grantee"), for public use an easement and right-of-way for the construction, operation and maintenance of public streets or roadways and public utilities in, upon and across the following -described real property, to wit: Three tracts of land, totaling 2.120 acres of land, more or less, out of David Curry Survey No. A-130 in Williamson County, Texas, being more particularly described by metes and bounds on Exhibit A attached hereto and made a part hereof (the "Property"). TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns for such purposes forever, and Grantor does hereby bind Grantor, its successors and assigns, to WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE Property unto 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. This Dedication of Right-of-way is made subject to, to which Grantee shall be deemed to have agreed by its acceptance hereof, the following conditions: 1. The construction, installation and completion of all the improvements constituting the Project at Grantee's sole cost and expense and with no expense to Grantor, its successors and assigns, or the subsequent owners of the Chisholm Trail Property (as defined in the Agreement). 2. Grantee being solely responsible for the design and construction of all the improvements constituting the Project, the operation, maintenance and repair thereof, and any damages 00052237 1 resulting from the activities of Grantee or the parties with whom it contracts. To the maximum extent allowed by law, Grantee shall indemnify and protect Grantor and the Chisholm Trail Property harmless from any loss or damage which may be caused by the activities of Grantee or its contractors. Nothing contained herein shall ever be construed to place or impose upon Grantor any manner of liability for injury to or death of persons or damage to or loss of property arising from or in any manner connected with the acts, conduct or negligence of Grantor or its contractors. 3. Grantor, its successors and assigns, and the fixture owners of the Chisholm Trail Property, having the right of access to the public street improvements directly to and from the Chisholm Trail Property by appropriate driveway connections, and having the right to direct stormwater runoff and drainage to, and to make connection to, the regional drainage improvements installed pursuant to the Agreement, subject to compliance with the then applicable ordinances, rules and regulations of Grantee so long as the same shall not be construed or applied to prohibit or deny the right of access to such street or drainage improvements. This Dedication of Right -of -Way is further made subject to any and all easements, covenants, restrictions, rights-of-way, conditions, encumbrances, mineral reservations or other matters relating to the Property, to the extent, but only to the extent, the same may be in force and effect and either shown of record in the Office of the County Clerk of Williamson County, Texas, or apparent on the Property. EXECUTED this,?'day of ,�..� , 2003. THE STATE OF TEXAS CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership By: HiJolly, Inc., a Texas corporation, its General Partner 2 By: t(),f,,,,, David C. Bodenman, President COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the .alpe4-4-. de day of 2003 by David C. Bodenman, President of HiJolly, Inc., a Texas At 'ration, General Partner of CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., , a Telimited partnership , on behalf of said corporation and limited partnership . hirley Ann Conw Notary Public, St. t' of Texas AFTER RECORDING, RETURN TO: David Bodenman Highland Resources, Inc. 211 E. 7th Street, Suite 70 Austin, TX 78701 3 0.540 Acre Tract 1 Chisholm Trail Joint Venture Page 1 of 2 EXHIBIT "A" DESCRIPTION FOR A 0.540 ACRE (23,510 SQUARE FOOT) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 73.769 ACRE TRACT AS DESCRIBED IN THAT DEED TO CHISHOLM TRAIL JOINT VENTURE AND RECORDED AS EXHIBIT B, IN VOLUME 1322, PAGE 207 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.540 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron pipe found for the northwesterly corner of said 73.769 Acre Tract, same being the southwesterly corner of a called 6.99 acre tract as described in that deed to Craig William Hall, et al. and recorded in Document No. 9917891 of said Official Records, same being the easterly right-of-way line of Chisholm Trail Drive, also known as County Road 173 (right-of-way width varies), same being the northwesterly corner hereof; THENCE with the northerly line of said 73.769 Acre Tract, same being the southerly line of said 6.99 acre tract, N 70° 34' 47" E for a distance of 23.16 feet to a capped %2" iron rod set for the northeasterly corner hereof; THENCE through the interior of said 73.769 Acre Tract the following three (3) courses and distances: 1) S 00° 41' 16" E for a distance of 677.19 feet to a capped %2" iron rod set for a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 955.00 feet, a central angle of 14° 19' 01", an arc length of 238.63 feet, and a chord which bears S 07° 50' 46" E for a distance of 238.01 feet to a capped %2" iron rod set for a point of tangency hereof and; 3) S 15° 00' 17" E for a distance of 203.27 feet to a capped %2" iron rod set on a southerly interior line of said 73.769 Acre Tract, same being the northerly line of a called 5.00 acre tract as described in that deed to Selma E. Inman Estate Trust and recorded in Document No. 9750116 of said Official Records, same being the southeasterly corner hereof, from which a %2" iron rod found for the northeasterly corner of said 5.00 Acre Tract bears N 77° 11' 03" E for a distance of 480.58 feet; 0.540 Acre Tract 1 Chisholm Trail Joint Venture Page 2 of 2 THENCE with the said interior southerly line of the 73.769 Acre Tract, same being the said northerly line of the 5.00 Acre Tract, S 77° 11' 03" W for a distance of 14.14 feet to a Vi" iron rod found for the northwesterly corner of said 5.00 Acre Tract, same being an interior angle point of said 73.769 Acre Tract, same being on the said easterly right-of- way line of Chisholm Trail Drive, same being the southwesterly corner hereof; THENCE with the westerly line of said 73.769 Acre Tract, same being the said easterly right-of-way line of Chisholm Trail Drive, for the following four (4) courses and distances: 1) N 15° 27' 11" W for a distance of 341.27 feet to a %2" iron rod found for an angle point hereof; 2) S 72° 15' 26" W for a distance of 2.33 feet to a 60D nail found for an angle point hereof; 3) N 00° 37' 06" W for a distance of 766.02 feet to a %2" iron rod found for an angle point hereof and; 4) N 00° 39' 35" E for a distance of 10.51 feet to the POINT OF BEGINNING and containing 0.540 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professiona Land Surveyor BAKER-AICKLEN & ASSOCIATES, IN 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 --. 0 F. r /: Q is 1.« .:.............. F Dated ti� #250& r:.c i N� �% : FEsso?'JC7 • . O•• .• ! 1' �sua`!v, Job No.: 601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\ChisholmJointl.doc SKETCH TO ACCOMPANY Et A'". L)AM • N9 AGRES GRAS GAo0GON09g9%189 `POINT OF BEGINNING TRACT # 90.00' / SEE DETAIL #1 0 V CHISHOLM TRAIL JOINT VENTURE CALLED 73.769 ACRES VOL. 1322, PG. 207 EXHIBIT B SEE DETAIL #2 : 0.307 Acre Tract 2 Chisholm Trail Joint Venture Page 1 of 2 DESCRIPTION FOR A 0.307 ACRE (13,383 SQUARE FOOT) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 73.769 ACRE TRACT AS DESCRIBED IN THAT DEED TO CHISHOLM TRAIL JOINT VENTURE AND RECORDED AS EXHIBIT B, IN VOLUME 1322, PAGE 207 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.307 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a 'A" iron rod found for the southwesterly corner of said 73.769 Acre Tract, same being the northwesterly corner of Lot 1, Block A, Anchor One, a subdivision recorded in Cabinet P, Slides 120 — 121 of the Plat Records of said County, same being on the easterly right-of-way line of Chisholm Trail Drive, also known as County Road 173 (right-of-way width varies), same being the southwesterly corner hereof; THENCE with the westerly line of said 73.769 Acre Tract, same being the said easterly right-of-way line of Chisholm Trail Drive, N 14° 54' 50" W for a distance of 1184.63 feet to the southwesterly corner of a called 5.00 acre tract as described in that deed to Selma E. Inman Estate Trust and recorded in Document No. 9750116 of said Official Records, same being an interior angle point of said 73.769 Acre Tract, same being the northwesterly corner hereof; THENCE with an interior northerly line of said 73.769 Acre Tract, same being the southerly line of said 5.00 acre tract, N 47° 48' 36" E for a distance of 13.71 feet to a capped %2" iron rod set for the northeasterly corner hereof, from which a %2" iron rod found for the southeasterly corner of said 5.00 Acre Tract bears N 47° 48' 36" E for a distance of 525.88 feet; THENCE through the interior of said 73.769 Acre Tract, the following two (2) courses and distances: 0.307 Acre Tract 2 Chisholm Trail Joint Venture Page 2 of 2 1) S 15° 00' 17" E for a distance of 220.49 feet to a %2" capped iron rod set on an angle point hereof; 2) S 14° 44' 08" E for a distance of 969.37 feet to a capped Y2" iron rod set on the southerly line of said 73.769 Acre Tract, same being the northerly line of said Lot 1, same being the southeasterly comer hereof; THENCE with the said southerly line of the 73.769 Acre Tract, same being the said northerly line of Lot 1, S 68° 45' 20" W for a distance of 9.58 feet the POINT OF BEGINNING and containing 0.307 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professional Land Surveyor No. BAKER-AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\ChisholmJoin@.doc 1.273 Acre Tract Chisholm Joint Venture Page 1 of 2 DESCRIPTION FOR A 1.273 ACRE TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, SAID 1.273 ACRE TRACT BEING A PORTION OF A 83.17 ACRE TRACT "TRACT II" AS DESCRIBED IN THE OFFICIAL RECORDS OF SAID COUNTY TO CHISHOLM TRAIL JOINT VENTURE, IN VOLUME 1322, PAGE 207, SAID 1.273 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a %2" iron rod found on the most northeasterly corner of said 83.17 Acre Tract, same being the most southeasterly corner of a remnant 2.27 acre tract of land as described in Volume 1241, Page 704 of said Official Records, same being an angle point on the westerly right-of-way line of Chisholm Trail Drive (right-of-way width varies), also known as County Road No. 173, same being northeasterly corner and POINT OF BEGINNING hereof; THENCE with the easterly line of said 83.17 Acre Tract, same being the said westerly right-of-way line of Chisholm 'Frail Drive, the following eight (8) courses and distances: 1) S 18° 17' 59" E for a distance of 0.68 feet to an iron pipe found on an angle point hereof; 2) S 00° 09' 09" E for a distance of 483.13 feet to a %2" iron rod found on an angle point hereof; 3) S 00° 00' 08" W for a distance of 333.49 feet to a %2" iron rod found on an angle point hereof; 4) S 00° 11' 58" E for a distance of 224.13 feet to an angle point hereof, from which a %2" iron rod found bears, S 17° 26' 08" W for a distance of 2.95 feet; 5) S 00° 36' 07" W for a distance of 92.82 feet to a %2" iron rod found on an angle point hereof; 6) S 01° 00' 03" E for a distance of 892.45 feet a 60D nail found on an angle point hereof; 7) S 15° 01' 01" E for a distance of 1127.89 feet to a %2" iron rod found on an angle point hereof; 8) S 14° 44' 01" E for a distance of 758.04 feet to an iron rod found on the most southeasterly corner of said 83.17 Acre Tract, same being the southeasterly corner hereof; 1.273 Acre Tract Chisholm Joint Venture Page 2 of 2 THENCE with the southerly line of said 83.17 Acre Tract of land, same being the said westerly right-of-way line of Chisholm Trail Drive, S 85° 17' 10" W for a distance of 15.23 feet to a 'A" capped iron rod set on the southwesterly corner hereof; THENCE through the interior of said 83.17 Acre Tract, the following five (5) courses and distances: 1) N 14° 44' 08" W for a distance of 755.34 feet to a 1/2" capped iron rod set on an angle point hereof; 2) N 15° 00' 17" W for a distance of 998.34 feet to a %" capped iron rod set on a point of curvature hereof; 3) with the arc of a curve to the right, having a radius of 1045.00 feet, a central angle of 14° 19' 01", an arc length of 261.12 feet, and a chord which bears N 07° 50' 46" W for a distance of 260.44 feet to a %2" capped iron rod set on a point of tangency hereof; 4) N 00° 41' 16" W for a distance of 1000.67 feet to a Y2" capped iron rod set on an angle point hereof; 5) N 00° 24' 57" W for a distance of 890.59 feet to a 'A" capped iron rod set on the northerly line of said 83.17 Acre Tract, same being the southerly line of said 2.27 Acre Tract, same being the northwesterly corner hereof, from which a %2" iron rod found on an angle point on the northerly line of said 83.17 acre tract, same being an angle point on the southerly line of said 2.27 acre tract bears, S 70° 39' 46" W for a distance of 597.59 feet, S 70° 54' 57" W a distance of 621.10 feet; THENCE with the said northerly line of the 83.17 Acre Tract, same being the said southerly line of the 2.27 Acre Tract, N 70° 39' 46" E for a distance of 18.97 feet to the POINT OF BEGINNING hereof and containing 1.273 acre of land. Surveyed under the direct supervisio Lp---z Donald J. Kirby Registered Professional Land Su Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 ate Job No.: 601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\ChisholnJoint3.doc Zoo, SKETCH TO ACCOMPANY DESCRIPTION POINT OF ' 3406 BEGINNING z HOPPE PROPER TIES .?_::, PG. 704 REMNANT p.:' 2.27 .::.. 621.10' 5As — W , 70591.59' 039159 59 SUBJECT TRACT 1.273 ACRE NUMBER DIRECTION DISTANCE LI S 18°17'59" E ' 0.68' L3 N 70°39'46" E 18.97' CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 207 83.17 AC. "TRACT 11" SCALE: 1" = 100' • I/2" IRON ROD FOUND O CAPPED 1/2" IRON ROD SET A 600 NAIL FOUND O IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN 89.13' /o / o Z / O O / o / ~ v / / ID / 0 (p 89.99' 2\ / / / (n ✓ O /O 0 / O O O • co / ; / / W / / 10 MATCH LINE / 0 (p r. m 00 0 0 't-73) tzr T^) CO SEE SHEET 2 SHEET 1 i CRACKER BARREL CAB. .. ..._. ._._., HOTEL VENTURE EXHIBIT "A" DATE: NOV.. 2000 JOB No.: 601-759-21 BY: M. NOLEN Baker-Alcklen & Associates, Inc. Englneers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 SKETCH TO ACCOMPANY DESCRIPTION SEE SHEET 1 MATCH LINE NUMBER DIRECTION DISTANCE L4 S 17°26'08" W 2.95' 90.00' 0 .#s11 0 CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 218 83.17 AC. "TRACT 11" SUBJECT TRACT 1.273 ACRE SCALE: 1" = 100' • 1/2" IRON ROD FOUND O CAPPED 1/2" IRON ROD SET , 600 NAIL FOUND Co IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN 0 0 �fa O O 0 m MATCH LINE SEE SHEET 3 CH'S . . t .q:a. HOTEL tliThITURE O O 0 co m (0 N Vt 90.00' SHEET 2 i i CE:"RVENKA et al 6.99 AC. 1- r"' r"' Y , r , r? ' .r r 1 1 % r: • i` + 1r, \l ,_- ir CHISOLH TRAIL .10INT . ENT .,.._ r;1 '= i�v.9 �, AC.. .. ... EXHIBIT "A" DATE: NOV., 2000 JOB No.: 601-759-21 BY: M. NOLEN Baker-Alcklen & Associates, Inc. Englneers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 SKETCH TO ACCOMPANY DESCRIPTION N T .._....%s:: VOL. 1322, PG. 216 CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 218 83.17 AC. "TRACT ll" SCALE: 1" = 100' • I/2" IRON R00 FOUND O CAPPED I/2" IRON ROD SET A 60D NAIL FOUND Co IRON PIPE FOUND BEARING BASIS: , TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN 0 0 0 SHEET 3 r E•. T. i TE TR , Uv . CA I_ L ED :.•.•. i AG.r t:: DOC. NO. 9750116 EXHIBIT "A" DATE: NOV.. 2000 JOB No.: 601-759-21 BY: M. NOLEN L3 Baker-Alcklen do Associable, Inc. Engineers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 SKETCH TO ACCOMPANY DESCRIPTION CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 218 83.17 AC. "TRACT 11" SCALE: 1" = 100' • 1/2" IRON ROD FOUND O CAPPED 1/2" IRON ROD SET A 60D NAIL FOUND O IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN 4 CHISHOLM TRA iCEN. .._.......t VOL. 1322, PG. 212 MC. NUMBER DIRECTION DISTANCE L2 S 85°17'10" W 15.23' 765 PG. 589 7.2 AC. EXHIBIT "A" DATE: NOV., 2000 JOB No.: 601-759-21 BY: M. NOLEN Baker-Alcklen & Associates, Inc. Englneers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 BASE MAP OF 63.679 ACRES & 83.17 ACRES IN THE DAVID CURRY SURVEY A-130 & THE WILEY HARRIS SURVEY A-298 ROUND ROCK, WILLIAMSON COUNTY, TEXAS r-sw le ' 'f�_T_ ...:. N� c".'.:tti i:�na I ( /• i !/ f'ioo�i.�i�nw i::.fj� a'k1 tl • - i a:rwrr r..c scc e.c � •// 11 F'� 1 / ! ib�ua (((Ccs j I �Q' t � `•/j�� ; '��/ ! ' F i{4' r>.,t .oma u:�f�.e'a.ff /•j j I 1 i I / H R..ar-,• I ,' {i — !! - -- - ------- - t CEO w� - , 4 (C-- -eo • ,f.a1.C. F \ M ft.,t.. • ,`\ ; /' / Td alit Z 1Ce- .........w.r+f tUa K•[f Ch-.._[al)cl i y /' ✓Mei f,.CKf r R..fa/e-I1Y1 '' / —•�••_•—•—.KM.T.00 RN RYA Y.!- DATE: September 5, 2003 SUBJECT: City Council Meeting - September 11, 2003 ITEM: 10.D.2. Consider a resolution authorizing the Mayor to execute an Agreement Regarding Stormwater System and Dedication of Right -of -Way for Public Improvements with Chisholm Trail Developers Venture, Ltd. regarding the Chisholm Trail Reconstruction Project. Resource: Tom Word, Chief of Public Works Operations History: The G. O. Bond Program includes a project to reconstruct Chisholm Trail from Sam Bass Road to FM 3406. The street will be widened to 5 lanes, which will require additional right-of-way. This agreement provides for donation of the necessary right-of-way by Chisholm Trail Developers Venture, Ltd., and for the development of joint drainage facilities for a portion of the project. Funding: Cost: Source of funds: Donation of right-of-way Outside Resources: Chisholm Trail Developers Venture, Ltd. Impact/Benefit: This agreement reduces the cost of the Chisholm Trail Project and allows for the continued development of the project. Public Comment: N/A Sponsor: N/A RECORDED DOCUMENT FOLLOWS 11 111 011 11 11 hili hili 111111 AGR 7 PGS 2003093097 AGREEMENT REGARDING STORMWATER SYSTEM AND DEDICATION OF RIGHT-OF-WAY FOR PUBLIC IMPROVEMENTS This Agreement is made and entered into as of the effective date set forth below by and among THE CITY OF ROUND ROCK (the "City"), and CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership ("CTDV"), as successor and assignee from CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture ("Chisholm Trail"). RECITALS: A. Chisholm Trail Developers Venture, Ltd. is the owner of approximately 139.667 acres of land, more or less, being those two (2) tracts of land described as 63.77 acres and 83.167 acres in Deed recorded in Volume 1322, Page 207 of the Official Records of Williamson County, Texas, save and except that 7.27 acres conveyed to Deed recorded as Document No. 2000064811 in the Official Records of Williamson County, Texas (the "Chisholm Trail Property"). B. The City, Chisholm Trail and Boulevard Motel Corp., a Maryland corporation, entered into an Agreement Regarding Construction of Drainage Improvements effective January 11, 1996, providing for the construction of certain drainage and detention facilities as part of the City's regional drainage program, providing that no on-site detention facilities shall be required on the Chisholm Trail Property; providing for the grant of drainage easements for the conveyance of stormwater runoff and drainage over and across the 63.77 acre portion of the Chisholm Trail Property; and providing for certain credits against the regional detention fees that would otherwise be required to be paid to the City as the result of the construction of such drainage and detention facilities. C. The City, Chisholm Trail and Round Rock Hospitality, L.P., a Texas limited partnership, entered into an Agreement Regarding Construction of Stormwater System Improvements effective June 24, 1999, providing for the construction of certain drainage facilities along the right-of-way of Chisholm Trail Road, which bisects the Chisholm Trail Property, and across the 83.167 acre portion of the Chisholm Trail Property; providing for the grant of a stormwater line easement across such portion of the Chisholm Trail Property; and providing for the improvement of Chisholm Trail Road, including the bridge crossing Onion Creek, to accommodate the conveyance of stormwater from a 100 -year storm event to eliminate an increase in the inundation of the Chisholm Trail Property. D. Subject to the approval of bonds to finance the costs, the City desires to improve Chisholm Trail Road, which will include the design and construction by the City of a regional drainage system within the eastern right-of-way of Chisholm Trail Road, and has requested CTDV dedicate additional right-of-way for Chisholm Trail Road to allow for the improvement of Chisholm Trail Road and the construction of such regional drainage system. 00052232 l2- 03-0Q-11- ID.Da) 1 E. CTDV has agreed to dedicate the additional right-of-way for and in consideration of the covenants, agreements and understandings set forth below and on and subject to the terms, conditions and provisions of this Agreement, and the parties desire to memorialize the agreements and understanding among them with respect to such matters. NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements of the parties as hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and CTDV agree as follows: 1. CTDV agrees to dedicate to the City for public street right-of-way for the widening and improvement of Chisholm Trail Road, including the installation of drainage and related improvements as part of the City's regional drainage system (the "Project"), on and subject to the terms, conditions and provisions of the Dedication of Right -of -Way attached hereto as Exhibit A and made a part hereof (the "Dedication"), which terms, conditions and provisions are incorporated herein by this reference and made a part hereof for all purposes as if the same had been set forth in its entirety herein. 2. The City shall design and construct as part of the Project a stormwater runoff and drainage system within the eastern right-of-way of Chisholm Trail Road as part of the City's regional drainage system, which shall be sized sufficiently to accommodate stormwater runoff and drainage for the Ultimate 100 -year, fully developed design flows (assuming 80% impervious cover) from that portion of the Chisholm Trail Property that naturally drains toward Chisholm Trail, as well as from the Chisholm Trail Road, Chisholm Trail Parkway and George R. Brown Parkway street improvements (see Exhibit B for approximate drainage areas included), so as to convey said drainage to Onion Branch Creek. It is understood and agreed that such drainage improvements shall include the construction of approximately 740 linear feet of an estimated 42 inch RCP drainage pipe from the existing termination of the City's regional drainage system in Chisholm Trail Road connecting to approximately 590 linear feet of 60 inch RCP pipe extending to Onion Branch Creek at the bridge structure described below (as generally reflected on Exhibit B). The purpose of this system is to avoid duplication of drainage lines and/or filtration of runoff in two separate systems. The City confirms and agrees that CTDV shall be entitled to direct stormwater runoff from all or any part of the Chisholm Trail Property that naturally drains toward Chisholm Trail to the drainage improvements constructed as part of the Project, subject to approval from the Texas Commission for Environmental Quality ("TCEQ"). 3. The City further confirms and agrees that no on-site detention facilities shall be required for the development of any portion of the Chisholm Trail Property; provided, it is understood and agree that the owner(s) of the Chisholm Trail Property shall be required to comply with the applicable requirements of the TCEQ for the filtration of stormwater runoff from the improvements constructed on the various portions of the Chisholm Trail Property, but only to the extent of the stormwater runoff from the improvements constructed on each respective portion of the Chisholm Trail Property and not from any other property or right -or - way. 2 CTDV confirms and agrees that the owner(s) of the Chisholm Trail Property shall be responsible for satisfaction of the regional stormwater management fees required for the development of the Chisholm Trail Property in accordance with the ordinance and policies of the City. The City and CTDV expressly acknowledge, confirm and agree, however, that this Agreement shall not in any way alter, affect, modify or change the rights, entitlements, duties and obligations of any party under the above-described existing Agreement Regarding Construction of Drainage Improvements or the Agreement Regarding Construction of Stormwater System Improvements. Without limiting the generality of the foregoing, CTDV acknowledges that it continues to be obligated to construct the Phase II Improvements as described in the Agreement Regarding Construction of Drainage Improvements, and the City agrees that CTDV shall be entitled to receive a credit in the amount as provided in said Agreement Regarding Construction of Drainage Improvements against any regional drainage fees that would otherwise be payable by CTDV with respect to any development of the Chisholm Trail Property occurring after the completion of such Phase II Improvements. 4. As part of the Project, the City shall design and construct a bridge structure over Onion Branch Creek to accommodate the Ultimate 100 -year, fully developed design flows for Onion Branch Creek through and under the bridge structure so that there shall be no increase in the inundation of any portion of the Chisholm Trail Property, upstream from the bridge structure. 5. It is acknowledged that CTDV contemplates placing fill material within a portion of the fully developed 100 -year flood plain on the Chisholm Trail Property to accommodate the development thereof. The City agrees to cooperate in approving the necessary applications and permits for such modifications of the 100 -year flood plain, including the approval and submission of a Letter of Map Amendment, or Letter of Map Revision, as appropriate, to the Federal Emergency Management Agency. It is understood and acknowledged that any such modification or alteration of the 100 -year flood plain shall comply with applicable federal requirements so as to not have an adverse impact on the owners of private property upstream or downstream from the Chisholm Trail Property. 6. As part of the Project, the City shall design and construct the intersection of George R. Brown Parkway (as generally reflected on Exhibit B) and Chisholm Trail Road, including at least a center turn lane (if not a left turn lane), curb returns to the property line and installed signalization conduit at such intersection. The exact location and the plans and specifications for such intersection shall be subject to the prior approval of CTDV, which approval shall not be unreasonably withheld. The City and CTDV agree that George R. Brown Parkway may be designed and constructed from the frontage road of Interstate Highway 35 to Chisholm Trail Road as a five lane urban street with sixty-four (64) feet of pavement, including curbs, within ninety (90) feet of right-of-way, subject to approval of the plans and plats by City of Round Rock Planning and Zoning Commission. 7. As part of the Project, the City shall further design and construct the intersection of the extension of Chisholm Trail Parkway (as generally reflected on Exhibit B) and Chisholm Trail Road, including at least a center turn lane (if not a left turn lane), curb returns to the 3 property line, and installed signalization conduit at such intersection. The exact location and the plans and specifications for such intersection shall be subject to the prior approval of CTDV, which approval shall not be unreasonably withheld. The City and CTDV agree that Chisholm Trail Parkway may be designed and constructed from its existing termination to Chisholm Trail Road as a standard street with forty-eight (48) feet of pavement, including curbs, within seventy (70) feet of right-of-way, instead of extending the existing two lanes of twenty-four (24) feet of pavement and median, subject to approval of plans and plats by City of Round Rock Planning and Zoning Commission. Additional right of way and street width will be required at the intersection of Chisholm Trail Parkway with Chisholm Trail Road to provide for the required left turn lane. 8. The City expressly agrees that all of the costs of the Project shall be paid solely by the City, and neither CTDV nor the subsequent owners of the Chisholm Trail Property, or any part thereof, shall be responsible for any part of the cost of the Project. The City expressly waives and releases CTDV and the Chisholm Trail Property from any fee, charge, levy or special assessment imposed to generate revenue for funding or recouping the costs of the Project or other transportation or traffic related improvements. 9. This Agreement and the Dedication contain the entire agreement between the parties with respect to the matters covered hereby, and no oral statements or prior written matter not specifically incorporated herein shall be of any force and effect. No variation, modification, or changes hereof shall be binding on any party hereto unless set forth in a document executed by such party or a duly authorized agent, officer or representative thereof. 10. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 11. All notices, demands and requests hereunder shall be in writing and shall be deemed to have been properly delivered as of the date of delivery if personally delivered or as of the first business day after the date of deposit in the U.S. Mails if sent by certified mail, return receipt requested, postage prepaid, addressed: to the City at: with copy to: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Director of Public Works City of Round Rock 221 East Main Street Round Rock, Texas 78664 4 to Chisholm Trail at: c/o Highland Management, Inc. Southwest Tower Building 211 E. 7th Street, Suite 709 Austin, Texas 78701 Or to such other addressee or address which either party may so designate by sending notice as aforesaid. 12. Time is of the essence in this Agreement. If the expiration of any time period set forth herein falls on a Saturday, Sunday or legal holiday, such time period shall be deemed to expire on the next day which is not a Saturday, Sunday or legal holiday. The last day of any period of time described herein shall be deemed to end at 5:00 p.m., local Austin, Texas time. 13. In addition to any other remedies to which the parties may be entitled, at law or in equity, including, without limitation, an action for damages or an injunction to prevent the violation or attempting to violate the provisions hereof, in the event of a default hereunder or breach of any obligation or agreement provided herein, the provisions of this Agreement shall be enforceable by specific performance. 14. This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations hereunder are performable in Williamson County, Texas. In the event judicial action is necessary for the interpretation or enforcement of any of the covenants and conditions contained herein, the City and CTDV agree and consent to the jurisdiction of the District Courts and County Courts at Law of Williamson County, Texas, and of the United States District Court for the Western District of Texas (Austin Division), and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions between the City and CTDV with respect to the subject matter hereof, and agree that such courts shall be the exclusive forums for the resolution of any actions between the City and CTDV with respect to the subject matter hereof. 15. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall continue in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable shall govern. 16. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs of court and reasonable costs incurred to maintain such action, from the other party or parties, which fees may be set by the Court in the trail of such an action or may be enforced in a separate action brought for that purpose, and which fees shall be in addition to any other relief that may be awarded. 5 17. This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. EXECUTED by the parties on the dates of their respective acknowledgements to be effective the date of the last such acknowledgement. THE CITY: THE C i By: # N Mixve1,t1 N. e Title: CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership, By: HiJolly, Inc., a Texas corporation, It's Gener artner By: Vt\JLW.:�c. THE STATE OF TEXAS COUNTY OF WILLIAMSON David C. Bodenman, President This instrument was acknowledged before me on the I — day of 2003, by N V L,e /Y) Ii ari.L,. as the inti y aei of THE CITY OF ROUND ROC a municipal corporation under the laws of the State of Texas, on behalf of said municipal corporation. CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 28, 2005 6 NOTARY PUB State ofTex s Print Name: C'I Ei5T/,J, d246-) �z� THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the o(49 day of 2003, by David C. Bodenman, President of HiJolly, Inc., a Texas corp tion, General Partner of CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership, on behalf of said corporation and limited partnership. ( 6 Public, SbdCA e ofSAY S " j ` My Commtse on EON NAY 22, 2005 AFTER RECORDING, RETURN TO: David Bodenman Highland Management Inc. 211 East Seventh Street, Suite 709 Austin, TX 78701 — NOTARY PUB %C, State of Texa Print Name:i- FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2003093097 09/22/2003 02:23 PM ANDERSON $21.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS 7 11111 11111111111 II II IiiII 11 DEDICATION OF RIGHT-OF-WAY THE STATE OF TEXAS COUNTY OF WILLIAMSON § ESMT 16 PGS 2003093096 § KNOW ALL PERSONS BY MESE PRESENTS: That CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership ("CTDV"), as successor and assignee from CHISHOLM TRAIL JOINT VENTURE, a Texas joint venture ("Chisholm Trail")("Grantor"), being the owner of the following -described real property, for and in consideration of the benefits accruing to Grantor as the owner of certain adjacent property by reason of this Dedication of Right -of -Way, the conditions, covenants and agreements set forth in that certain Agreement Regarding Stormwater System and Dedication of Right -of -Way for Public Improvements dated effective i5trjrC/711 =/ . /1 , 2003, between Grantor and Grantee herein (the "Agreement"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby DEDICATE and GRANT to the CITY OF ROUND ROCK, a home rule municipal corporation situated in the County of Williamson, State of Texas ("Grantee"), for public use an easement and right-of-way for the construction, operation and maintenance of public streets or roadways and public utilities in, upon and across the following -described real property, to wit: Three tracts of land, totaling 2.120 acres of land, more or less, out of David Curry Survey No. A-130 in Williamson County, Texas, being more particularly described by metes and bounds on Exhibit A attached hereto and made a part hereof (the "Property"). TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns for such purposes forever, and Grantor does hereby bind Grantor, its successors and assigns, to WARRANT AND FOREVER DEFEND ALL AND SINGULAR THE Property unto 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. This Dedication of Right-of-way is made subject to, to which Grantee shall be deemed to have agreed by its acceptance hereof, the following conditions: 1. The construction, installation and completion of all the improvements constituting the Project at Grantee's sole cost and expense and with no expense to Grantor, its successors and assigns, or the subsequent owners of the Chisholm Trail Property (as defined in the Agreement). 2. Grantee being solely responsible for the design and construction of all the improvements constituting the Project, the operation, maintenance and repair thereof, and any damages 00052237 -03-o9-✓i-i©,ozJ 1 resulting from the activities of Grantee or the parties with whom it contracts. To the maximum extent allowed by law, Grantee shall indemnify and protect Grantor and the Chisholm Trail Property harmless from any loss or damage which may be caused by the activities of Grantee or its contractors. Nothing contained herein shall ever be construed to place or impose upon Grantor any manner of liability for injury to or death of persons or damage to or loss of property arising from or in any manner connected with the acts, conduct or negligence of Grantor or its contractors. 3. Grantor, its successors and assigns, and the future owners of the Chisholm Trail Property, having the right of access to the public street improvements directly to and from the Chisholm Trail Property by appropriate driveway connections, and having the right to direct stormwater runoff and drainage to, and to make connection to, the regional drainage improvements installed pursuant to the Agreement, subject to compliance with the then applicable ordinances, rules and regulations of Grantee so long as the same shall not be construed or applied to prohibit or deny the right of access to such street or drainage improvements. This Dedication of Right -of -Way is further made subject to any and all easements, covenants, restrictions, rights-of-way, conditions, encumbrances, mineral reservations or other matters relating to the Property, to the extent, but only to the extent, the same may be in force and effect and either shown of record in the Office of the County Clerk of Williamson County, Texas, or apparent on the Property. EXECUTED this7�/ qday of , 2003. THE STATE OF TEXAS CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., a Texas limited partnership By: HiJolly, Inc., a Texas corporation, its General Partner By: 2 0,4 David C. Bodenman, President COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of 2003 by David C. Bodenman, President of HiJolly, Inc., a Texas CHISHOLM TRAIL DEVELOPERS VENTURE, LTD., , a Te . limited partnership , on behalf of said corporation and limited partnership . 1 c w 'ration, General Partner of hirley Ann Conw Notary Public, St. F of Texas AFTER RECORDING, RETURN TO: David Bodenman Highland Resources, Inc. 211 E. 7th Street, Suite 70 Austin, TX 78701 3 0.540 Acre Tract 1 Chisholm Trail Joint Venture Page 1 of 2 EXHIBIT "A" DESCRIPTION FOR A 0.540 ACRE (23,510 SQUARE FOOT) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 73.769 ACRE TRACT AS DESCRIBED IN THAT DEED TO CHISHOLM TRAIL JOINT VENTURE AND RECORDED AS EXHIBIT B, IN VOLUME 1322, PAGE 207 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.540 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on an iron pipe found for the northwesterly corner of said 73.769 Acre Tract, same being the southwesterly corner of a called 6.99 acre tract as described in that deed to Craig William Hall, et al. and recorded in Document No. 9917891 of said Official Records, same being the easterly right-of-way line of Chisholm Trail Drive, also known as County Road 173 (right-of-way width varies), same being the northwesterly corner hereof; THENCE with the northerly line of said 73.769 Acre Tract, same being the southerly line of said 6.99 acre tract, N 70° 34' 47" E for a distance of 23.16 feet to a capped Y2" iron rod set for the northeasterly corner hereof; THENCE through the interior of said 73.769 Acre Tract the following three (3) courses and distances: 1) S 00° 41' 16" E for a distance of 677.19 feet to a capped %2" iron rod set for a point of curvature hereof; 2) with the arc of a curve to the left, having a radius of 955.00 feet, a central angle of 14° 19' 01", an arc length of 238.63 feet, and a chord which bears S 07° 50' 46" E for a distance of 238.01 feet to a capped %2" iron rod set for a point of tangency hereof and; 3) S 15° 00' 17" E for a distance of 203.27 feet to a capped Y2" iron rod set on a southerly interior line of said 73.769 Acre Tract, same being the northerly line of a called 5.00 acre tract as described in that deed to Selma E. Inman Estate Trust and recorded in Document No. 9750116 of said Official Records, same being the southeasterly corner hereof, from which a 'A" iron rod found for the northeasterly corner of said 5.00 Acre Tract bears N 77° 11' 03" E for a distance of 480.58 feet; 0.540 Acre Tract 1 Chisholm Trail Joint Venture Page 2 of 2 THENCE with the said interior southerly line of the 73.769 Acre Tract, same being the said northerly line of the 5.00 Acre Tract, S 77° 11' 03" W for a distance of 14.14 feet to a 't/2" iron rod found for the northwesterly corner of said 5.00 Acre Tract, same being an interior angle point of said 73.769 Acre Tract, same being on the said easterly right-of- way line of Chisholm Trail Drive, same being the southwesterly corner hereof; THENCE with the westerly line of said 73.769 Acre Tract, same being the said easterly right-of-way line of Chisholm Trail Drive, for the following four (4) courses and distances: 1) N 15° 27' 11" W for a distance of 341.27 feet to a t/2" iron rod found for an angle point hereof; 2) S 72° 15' 26" W for a distance of 2.33 feet to a 60D nail found for an angle point hereof; 3) N 00° 37' 06" W for a distance of 766.02 feet to a t/2" iron rod found for an angle point hereof and; 4) N 00° 39' 35" E for a distance of 10.51 feet to the POINT OF BEGINNING and containing 0.540 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professiona Land Surveyor N BAKER-AICKLEN & ASSOCIATES, IN 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 %; 2400 #2508 .»». Dated : _. , . • ' �.......................... < ,'suav Job No.: 601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\ChisholmJointl.doc SKETCH TO ACCOMPANY HA��, ES 0.LTA 9 A 1 cR GA11_0- 999j16 DOC DETAIL #5 ott/ .56 `POINT OF BEGINNING TRACT # SUBJECT TRACT #1 0.540 ACRE J O O 0 w V O V 0) O t o 90.00' / SEE DETAIL #1 O 0 O m rq V CHISHOLM TRAIL JOINT VENTURE CALLED 73.769 ACRES VOL. 1322, PG. 207 EXHIBIT B SEE DETAIL #2 E ▪ r N 1.71°n" 58' j' lV W o U SEE DETAIL #31 o O 0 SUBJECT TRACT 12 0.307 ACRE SCALE: 1" = 400' • I/2" IRON ROD FOUND O CAPPED 1/2" IRON ROD SET A 60D NAIL FOUND O IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARM RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. DESCRIPTION DETAIL #2 SELMA E. INMAN ESTATE TRUST CALLED 5.00 ACRES DOC. NO. 9750116 CHISHOLM TRAIL JOINT VENTURE sr SEE CALLED 73.769 ACRES DETAIL #4 VOL. 1322, PG. 207 EXHIBIT B 90. m NO. RADIUS DELTA ARC CHORD BEARING CHORD CI 955.00' 14°19'01" 238.63' S 07°50'46" E 238.01' SEE DETAIL #5 KA LOT 1 Nog oS ANC 12O�121 SL10E Cp'• P' NUMBER DIRECTION DISTANCE LI S15°00117" E 203.27' L2 N 15°27'II" W 341.27' L3 S 72°15'26" W 2.33' L4 S 15°00'17" E 220.49' EXHIBIT "A" DATE: NOV., 2000 JOB No.: 601-759-21 BY: M. NOLEN L34 Baker-Alcklen & Associates, Inc. Englneers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 0.307 Acre Tract 2 Chisholm Trail Joint Venture Page 1 of 2 DESCRIPTION FOR A 0.307 ACRE (13,383 SQUARE FOOT) TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 73.769 ACRE TRACT AS DESCRIBED IN THAT DEED TO CHISHOLM TRAIL JOINT VENTURE AND RECORDED AS EXHIBIT B, IN VOLUME 1322, PAGE 207 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 0.307 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a %2" iron rod found for the southwesterly corner of said 73.769 Acre Tract, same being the northwesterly corner of Lot 1, Block A, Anchor One, a subdivision recorded in Cabinet P, Slides 120 — 121 of the Plat Records of said County, same being on the easterly right-of-way line of Chisholm Trail Drive, also known as County Road 173 (right-of-way width varies), same being the southwesterly corner hereof; THENCE with the westerly line of said 73.769 Acre Tract, same being the said easterly right-of-way line of Chisholm Trail Drive, N 14° 54' 50" W for a distance of 1184.63 feet to the southwesterly corner of a called 5.00 acre tract as described in that deed to Selma E. Inman Estate Trust and recorded in Document No. 9750116 of said Official Records, same being an interior angle point of said 73.769 Acre Tract, same being the northwesterly corner hereof; THENCE with an interior northerly line of said 73.769 Acre Tract, same being the southerly line of said 5.00 acre tract, N 47° 48' 36" E for a distance of 13.71 feet to a capped %2" iron rod set for the northeasterly corner hereof, from which a %2" iron rod found for the southeasterly corner of said 5.00 Acre Tract bears N 47° 48' 36" E for a distance of 525.88 feet; THENCE through the interior of said 73.769 Acre Tract, the following two (2) courses and distances: 0.307 Acre Tract 2 Chisholm Trail Joint Venture Page 2 of 2 1) S 15° 00' 17" E for a distance of 220.49 feet to a %2" capped iron rod set on an angle point hereof; 2) S 14° 44' 08" E for a distance of 969.37 feet to a capped '/2" iron rod set on the southerly line of said 73.769 Acre Tract, same being the northerly line of said Lot 1, same being the southeasterly corner hereof; THENCE with the said southerly line of the 73.769 Acre Tract, same being the said northerly line of Lot 1, S 68° 45' 20" W for a distance of 9.58 feet the POINT OF BEGINNING and containing 0.307 acre of land. Surveyed under the direct supervision of the undersigned: Donald J. Kirby Registered Professional Land Surveyor N BAKER-AICKLEN & ASSOCIATES, 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Dated o. INC. Job No.: 601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\ChisholnJoint2.doc Zco( 1.273 Acre Tract Chisholm Joint Venture Page 1 of 2 DESCRIPTION FOR A 1.273 ACRE TRACT OF LAND SITUATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130, IN WILLIAMSON COUNTY, TEXAS, SAID 1.273 ACRE TRACT BEING A PORTION OF A 83.17 ACRE TRACT "TRACT II" AS DESCRIBED IN THE OFFICIAL RECORDS OF SAID COUNTY TO CHISHOLM TRAIL JOINT VENTURE, IN VOLUME 1322, PAGE 207, SAID 1.273 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a '/" iron rod found on the most northeasterly corner of said 83.17 Acre Tract, same being the most southeasterly corner of a remnant 2.27 acre tract of land as described in Volume 1241, Page 704 of said Official Records, same being an angle point on the westerly right-of-way line of Chisholm Trail Drive (right-of-way width varies), also known as County Road No. 173, same being northeasterly corner and POINT OF BEGINNING hereof; THENCE with the easterly line of said 83.17 Acre Tract, same being the said westerly right-of-way line of Chisholm Trail Drive, the following eight (8) courses and distances: 1) S 18° 17' 59" E for a distance of 0.68 feet to an iron pipe found on an angle point hereof; 2) S 00° 09' 09" E for a distance of 483.13 feet to a' h" iron rod found on an angle point hereof; 3) S 00° 00' 08" W for a distance of 333.49 feet to a %" iron rod found on an angle point hereof; 4) S 00° 11' 58" E for a distance of 224.13 feet to an angle point hereof, from which a '/" iron rod found bears, S 17° 26' 08" W for a distance of 2.95 feet; 5) S 00° 36' 07" W for a distance of 92.82 feet to a %" iron rod found on an angle point hereof; 6) S 01° 00' 03" E for a distance of 892.45 feet a 60D nail found on an angle point hereof; 7) S 15° 01' 01" E for a distance of 1127.89 feet to a %" iron rod found on an angle point hereof; 8) S 14° 44' 01" E for a distance of 758.04 feet to an iron rod found on the most southeasterly corner of said 83.17 Acre Tract, same being the southeasterly corner hereof; 1.273 Acre Tract Chisholm Joint Venture Page 2 of 2 THENCE with the southerly line of said 83.17 Acre Tract of land, same being the said westerly right-of-way line of Chisholm Trail Drive, S 85° 17' 10" W for a distance of 15.23 feet to a ''/2" capped iron rod set on the southwesterly corner hereof; THENCE through the interior of said 83.17 Acre Tract, the following five (5) courses and distances: 1) N 14° 44' 08" W for a distance of 755.34 feet to a %2" capped iron rod set on an angle point hereof; 2) N 15° 00' 17" W for a distance of 998.34 feet to a ''/2" capped iron rod set on a point of curvature hereof; 3) with the arc of a curve to the right, having a radius of 1045.00 feet, a central angle of 14° 19' 01", an arc length of 261.12 feet, and a chord which bears N 07° 50' 46" W for a distance of 260.44 feet to a %2" capped iron rod set on a point of tangency hereof; 4) N 00° 41' 16" W for a distance of 1000.67 feet to a %2" capped iron rod set on an angle point hereof; 5) N 00° 24' 57" W for a distance of 890.59 feet to a %2" capped iron rod set on the northerly line of said 83.17 Acre Tract, same being the southerly line of said 2.27 Acre Tract, same being the northwesterly corner hereof, from which a %2" iron rod found on an angle point on the northerly line of said 83.17 acre tract, same being an angle point on the southerly line of said 2.27 acre tract bears, S 70° 39' 46" W for a distance of 597.59 feet, S 70° 54' 57" W a distance of 621.10 feet; THENCE with the said northerly line of the 83.17 Acre Tract, same being the said southerly line of the 2.27 Acre Tract, N 70° 39' 46" E for a distance of 18.97 feet to the POINT OF BEGINNING hereof and containing 1.273 acre of land. Surveyed under the direct supervisiof,-.'..�'i :_ igned: ,_ P�•• \ r e 1? Donald J. Kirby Registered Professional Land Su Baker Aicklen & Assoc. 203 E. Main St. Ste. 201 Round Rock, Tx. 78664 ate Job No.: 601-759-21 File Name: W:\PROJECTS\ChisTr\Doc\ChisholmJoint3.doc Zoo SKETCH TO ACCOMPANY DESCRIPTION POINT OF II. 3406 BEGINNING HOF -'PE PROPER TiES REMNANT 2.27 AC. 3 z / r O 89.13' w / o 59'46, 59.159 91 59 / / / SUBJECT TRACT 1 / o 0 0 0 0 1.273 ACRE NUMBER DIRECTION DISTANCE LI S 18°17'59" E • 0.68' L3 N 70°39'46" E 18.97' CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 207 83.17 AC. "TRACT 11" r • RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. SCALE: 1" = 100' • 1/2" IRON ROD FOUND O CAPPED I/2" IRON ROD SET A 600 NAIL FOUND O IRON PIPE FOUND BEARING BASIS: . TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN / to / 0 / O 0 / 0 O / O / / / / / / MATCH LINE SUBDiViSiOlsi K Si.. • ... V CHISHOL TRA II_ SEE SHEET 2 / SHEET 1 EXHIBIT "A" DATE: NOV., 2000 JOB No.: 601-759-21 BY: M. NOLEN Baker-Alcklen & Associates. Inc. Engineers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 SKETCH TO ACCOMPANY DESCRIPTION SEE SHEET 1 CHIS HO I. TRA HO TEL VEN TURE NUMBER DIRECTION DISTANCE L4 S 17°26'08" W 2.95' CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 218 83.17 AC. "TRACT 11" CER ,4 et ;I ^R: 5. ., ,'t C. RECORDERS MEMORANDUM -Cr; All or part of the text on this page was not clearly legible for satisfactory recordation. SCALE: 1" = 100' 1. , Y- , • ( r ; \ ! 1 i• • 1/2" IRON ROD FOUND O CAPPED 1/2" IRON ROD SET A 600 NAIL FOUND Co IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN SHEET 2 58.909 A C. EXHIBIT "A" DATE: NOV., 2000 JOB No.: 601-759-21 BY: M. NOLEN Baker-Alcklen & Associates, Inc. Engineers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 SKETCH TO ACCOMPANY DESCRIPTION SEE SHEET 2 C) CHIS01.1-1 TRAIL jOINT VENTURE VOL. 1322, ., .. .4 t... ., . ._ .., RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. SUBJECT TRACT 1.279 ACRE CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 218 83.17 AC. "TRACT ll" SCALE: 1" = 100' • 1/2" IRON ROD FOUND O CAPPED 1/2" IRON ROD SET A 600 NAIL. FOUND O IRON PIPE FOUND BEARING BASIS: • TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN Z. Zit0 O O EST 4 .._ TR US . CA I. I_..D 5. 00 ACRES t...I DOC. NO. 0750116 cD O EXHIBIT "A" MATCH LINE SEE SHEET 4 SHEET 3 DATE: NOV.. 2000 JOB No.: 601-759-21 BY: M. NOLEN Baker-Alcklen & Associates, Inc. Englneers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 SKETCH TO ACCOMPANY DESCRIPTION RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. CHISHOLM TRAIL JOINT VENTURE VOL. 1322, PG. 218 83.17 4C. "TRACT 11" SCALE: 1" = 100' • l/2" IRON ROD FOUND O CAPPED 1/2" IRON ROD SET . 60D NAIL FOUND ® IRON PIPE FOUND BEARING BASIS: TEXAS LAMBERT GRID CENTRAL ZONE NAD 83/93 HARN r I• VOL . 1322, . ,.. ._ .._ 73.7139 AC. NUMBER DIRECTION DISTANCE L2 S 85°17'10" W 15.23' ` : TER Olsi VOL. n '�; c . 7777., .....,.... :t.. SHEET 4 EXHIBIT "A" DATE: NOV.. 2000 JOB No.: 601-759-21 BY: M. NOLEN 13 Baker-Alcklen & Associates. Inc. Englneers/Surveyors FILE NAME: W:\PROJECTS\CHISTR\ROWTAKE\ROWTAKE.DWG PLOT DATE: 01/09/01 IN THE DAVID EXHIBIT "B°' • lig 0 W V 4ya.x .w4owhy•�Drp7J RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. >.