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R-08-10-23-12A1 - 10/23/2008RESOLUTION NO. R -08-10-23-12A1 WHEREAS, SBB Holdings, LP ("Developer") desires to develop a 98.19 acre tract of land located at the southeast corner of the intersection of University Boulevard and Sandy Brook Drive, and WHEREAS, the construction of a north -south roadway and related traffic improvements will be necessary to the development of this tract, WHEREAS, the City of Round Rock and Developer desire to enter into a Development Agreement to memorialize respective obligations regarding the roadway improvements, 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 a Development Agreement with SBB Holdings, LP, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that 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 23rd day of October, 2008. SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R81023A1.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is executed between the City of Round Rock, Texas, a political subdivision of the state of Texas (the "City") and SBB Holdings, LP, a Texas limited partnership (the "Developer"), to be effective on this day of , 2008. RECITALS: WHEREAS, the Developer is the owner of a certain 98.19 acre tract of land located at the southeast corner of the intersection of University Boulevard and Sandy Brook Drive in Round Rock, Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, a 73.52 acre portion of the Property is zoned subject to a Planned Unit Development; recorded as Document No. in the Official Public Records of Williamson County, Texas (the "PUD"); and WHEREAS, the Developer has entered into a Purchase and Sale Agreement with Austin Community College District ("ACC") in order to sell a portion of the Property containing approximately 24.66 acres more particularly described on Exhibit "B" attached hereto and incorporated herein (the "24 -Acre Tract"); and WHEREAS, a Traffic Impact Analysis (the "TIA") prepared by the Developer indicates that certain roadway improvements are necessary to develop the Property; and WHEREAS, the Developer and the City by this Agreement, desire to memorialize their respective obligations regarding such roadway and other improvements as relate to the PUD and to the 24 -Acre Tract. NOW THEREFORE, for the consideration of the provisions and the mutual agreements set forth herein, the City and the Developer agree as follows: ARTICLE I. GENERAL PROVISIONS 1.1 Dedication of University Village Drive. The TIA requires the construction of a sixty-five (65') foot wide north -south roadway as shown on Exhibit "C" attached hereto and incorporated herein ("University Village Drive). University Village Drive shall be that portion that is within the 24 -Acre Tract, including that portion that is contiguous to Parcel 3 and north of Zodiac Lane, as shown as crosshatched on Exhibit "D" attached hereto (the "24 -Acre Tract Road Requirement") shall be conveyed and dedicated by metes and bounds to the City by Developer prior to or at the time of the conveyance of the 24 -Acre Tract. Notwithstanding the foregoing, Developer shall have the right at anytime to transfer the Property, in whole or in part, including, but not limited to, the 24 -Acre Tract, to an affiliated third party of Developer prior to the conveyance and dedication of any portion of University Village Drive to the City. 0014733I/cc a D a EXHIBIT nAn 1.2 Construction of University Village Drive. In order to assure completion of construction of the 24 -Acre Tract Road Requirement, Developer shall deposit with the City in the form of cash or a Letter of Credit (the "LOC") acceptable to the City in an amount equal to 110% of the estimated cost to construct the 24 -Acre Tract Road Requirement, said estimated cost to be determined by the City after consultation with the Developer. The Letter of Credit shall be from a bank approved by the City. Partial releases of said Letter of Credit shall be provided by the City based upon previous city practices. The estimated cost to construct the 24 -Acre Tract Road Requirement shall be submitted to the Developer within thirty (30) days after the date of this Agreement and the Letter of Credit shall be deposited at the time of the conveyance of the 24 Acre Tract. The Developer shall commence construction of the 24 -Acre Tract Road Requirement upon the earlier to occur of (i) 120 or more parking spaces being constructed on the 24 -Acre Tract, or (ii) when construction is started on any building located on the 24 -Acre Tract that would require the issuance of a certificate of occupancy. Construction of the 24 -Acre Tract Road Requirement must be completed within one year of commencement of said construction. Upon completion of the construction by the Developer, and upon the City's approval and acceptance of the 24 -Acre Tract Road Requirement, the City shall be obligated to maintain and repair as necessary all portions of said 24 -Acre Tract Road Requirement. 1.3 Default in Construction of 24 -Acre Tract Road Requirement. In the event that the Developer has not started or completed construction of the 24 -Acre Tract Road Requirement pursuant to the terms of this Agreement, then in such event, the City shall provide written notice to the Developer, whereupon the Developer shall have thirty (30) days in order to cure such default. In the event the default is not cured within said thirty (30) day period or within a reasonable time thereafter, the City shall have the right, but not the obligation, to use the cash or LOC in the City's possession pursuant to Section 1.2 above to cure such default and complete the construction of the 24 -Acre Tract Road Requirement. 1.4 Installation of Traffic Signals. 1.4.1 Pursuant to the TIA, Developer shall contribute $19,800.00 for the installation of a proposed traffic signal at the intersection of CR 112 and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat within Parcel 1 as described in the PUD. The traffic signal will be installed by the City where the City determines that said signal is warranted. 1.4.2 Pursuant to the TIA, Developer shall contribute $37,800.00 for the installation of a traffic signal at the intersection of Sandy Brook Drive and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat within Parcel 1 as described in the PUD. The traffic signal will be installed by the City where the City determines that said signal is warranted. 1.4.3 Pursuant to the TIA, the Developer shall contribute $22,000.00 for the installation of a traffic signal at the intersection of Seton Parkway and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat for Parcels 2, 3, or 4 as described in the PUD. The traffic signal will be installed by the City when the City determines that said signal is warranted. 2 ARTICLE II. MISCELLANEOUS PROVISIONS 2.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the parties negotiated and entered into this Agreement; and (c) reflect the intent of the parties with regard to the subject matter of this Agreement. If it becomes necessary to interpret any provision of this Agreement, the intent of the parties hereof, as evidenced by the recitals, shall be given full effect. The parties have relied, to their material detriment, upon the recitals as part of the consideration for entering into this Agreement, and, but for the recitals, the parties would not have entered into this Agreement. 2.2 Term. The term of this Agreement shall be ten (10) years from the date of this Agreement. 2.3 Authority. The City represents and warrants that this Agreement has been approved by the action of the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of Developer has been authorized to do so. 2.4 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by; Developer and the City. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. 2.5 Entire Agreement; Amendment; Severability. This Agreement supersedes all prior discussions, agreements and understandings between Developer and the City and constitutes the entire agreement between the Developer and the City with respect to the transaction herein contemplated. This Agreement may be amended or modified only by a written instrument executed by Developer and the City. If any term, covenant, condition, or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 2.6 Notices. Any notice or other communication required by this Agreement to be given, provided, or delivered to a party shall be in writing addressed to the parties as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; (b) if by private delivery service (e.g., FedEx or UPS), on the date delivered to the notice address as evidenced by a receipt signed by any person at the notice address; (c) if by FAX, when sent, or (d) if by any other means (including, but not limited to, e-mail if an email address is provided below), when actually received by the party at the notice address. Each party has the right to change, from time to time, its notice addresses by giving at least 10 days written notice to the other parties. If any time period provided in this Agreement ends on a Saturday, 3 Sunday, or legal holiday, the period shall be extended to the first business day following such Saturday, Sunday or legal holiday. Notice to SBB Holdings, LP: SBB Holdings, L.P. Attn. John Avery, Jr. 221 West 6th Street, Suite 900 Austin, Texas 78701 Notice to City: James R. Nuse, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 2.7 Time. Time is of the essence in the performance by the parties of their respective obligations under this Agreement. 2.8 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Venue shall be in Williamson County, Texas. 2.9 Non -Waiver. If a party fails to insist on strict performance of any provision of this Agreement, such failure shall not be deemed a waiver by such party of its right to insist on strict performance of such provision in the future or strict performance of any other provision of this Agreement. 2.10 Binding Effect. This Agreement is a covenant running with the land and shall be binding on all subsequent owners of all or any portion of the Property. 2.11 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights. 2.12 Assignment. Except as provided for in Section 1.2 of this Agreement, this Agreement may not be assigned by Developer to a successor owner of the property without the express written consent of the City. 2.13 Exhibits. The following exhibits are attached to this Agreement and are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. Exhibit A Exhibit B Exhibit C Exhibit D Property Description 24 -Acre Tract Description Description of University Village Drive 24 Acre Tract Road Requirement 4 ATTEST: CITY OF ROUND ROCK, TEXAS By: Name: Alan McGraw Name: Sara White Title: Mayor City Secretary Date: STATE OF TEXAS COUNTY OF W. son SBB HOLDINGS, LP a Texas limited partnership By: SBB Holdings GP, LLC a Texas limited liability company its general Printe : a �,,� p'37 Title: ______ AKNOWLDEGMENT 1 roit § This instrument was acknowle gge efore me on dde&L ic`n • 2008 by -Gov, -e)e (r for SBB HOLDINGS GP, LLC, a Texas lim ed liability company, general pa ner to SBB HOLDINGS LP, a Texas limited partnership, on behalf of said company and limited .artnership. 4 EMMY K STROMMy CommbNon ExpNNJ1 (AL 4/11Y F.bniary 26, 2010 •4_ 5 STATE OF TEXAS COUNTY OF WILLIAMSON AKNOWLDEGMENT § § § This instrument was acknowledged before me on 2008, by Alan McGraw, Mayor of the City of Round Rock, Texas, a Texas Home Rule City, on behalf of said city. Notary Public, State of Texas 6 YI D EXHIBIT "A„ METES AND BOUNDS DESCRIPTION OF 98.19 ACRES OF LAND IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215 WILLIAMSON COUNTY, TEXAS ALL OF THAT CERTAIN 98.19 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS CONVEYD BY DEED FROM THE MAY FAMILY, L.P. TO THE STATE OF TEXAS, FOR THE USE AND BENEFIT OF THE PERMANENT SCHOOL FUND RECORDED IN DOCUMENT NUMBER 2005098710 OF THE OFFICAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. BEARINGS ARE BASED ON THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01-035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD 83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM CENTRAL ZONE. BEGINNING at a 1/2" iron rod found with a Baker-Aicklen cap in the southerly right-of-way line of University Boulevard Volume width varies as recorded in Volume 1712, Page 789 Official Records of Williamson County, Texas (Chandler Road width varies, County Road 114) for the corner common the northwest corner of residue of a 1,200.19 acre tract conveyed by Trustee Distribution Deed from Charles Needham Avery, III Trustee of the Exemption Equivalent Trust to Avery Ranch Company, Ltd. as Tract 1 as recorded in Document Number 2002071336 of the Official Public Records of Williamson County, Texas and the northeast corner of the tract herein described also falling in the Boundary Line Agreement between John H. May and wife Grace J. May and Charles Needham Avery, Jr. et al as recorded in Volume 958, Page 772 of the Deed Records of Williamson County, Texas as described ; THENCE, with the line common the west line of said Avery Ranch Company tract and the east line of said 98.18 acre tract, also common to said Boundary Line Agreement the following ten (10) courses and distances; 1. South 17°11'36" East, a distance of 1,888.24' to a'' /2" iron rod found for an angle corner of the tract herein described; 2. South 17°20'47" East, a distance of 666.63' to a '/2" iron rod found for an angle corner of the tract herein described; 3. South 39°53'18" East, a distance of 911.10' to a ''/2" iron rod found for the most easterly southeast corner of the tract herein described; 4. South 58°55"53" West, a distance of 124.96' to a 60d nail found in a fence post for an angle corner of the tract herein described; 5. South 44°45'55" West, a distance of 8.98' to a '/2" iron rod found for an angle corner of the tract herein described; 6. South 63°42'57" West, a distance of 106.67' to a PK nail found in a rock for an angle corner of the tract herein described; 7. North 79°54'34" West, a distance of 84.66' to a 1/2" iron rod found for an angle corner of the tract herein described; 8. North 65°30'23" West, a distance of 128.43' to a 60d nail found in a fence post for an angle corner of the tract herein described; Page 2 of 4 9. South 71°47'06" West, a distance of 93.97' to a 1/2" iron rod found for an angle corner of the tract herein described; 10. South 11°26'34" East, a distance of 360.66' to rail road spike found for the corner common to the northeast corner of LAKESIDE SUBDIVISION SECTION FOUR as recorded in Cabinet X, Slides 285-286 of the Plat Records of Williamson County, Texas (P.R.W.C.T.) and the most southeasterly corner of the tract herein described; THENCE, South 68°46'33" West, a distance of 1026.21'with the line common to the south line of said 98.19 acre tract and the north line of said LAKESIDE SUBDIVISION SECTION FOUR and the north line of LAKESIDE SUBDIVISON SECTION ONE as recorded in Cabinet R, Slides 189-190 of the Plat Records of Williamson County, Texas to a 1/2" iron rod found in the easterly right-of-way line of Sandy Brook (60' R.O.W.) for the southwesterly corner of the tract herein described; THENCE, departing the line common to southerly line and the said Boundary Line Agreement line and the northerly line of said LAKESIDE SUBDIVISON SECTION ONE and with the easterly right-of-way line of said Sandy Brook Drive per the Plats of STONEY BROOK SECTION 6 as recorded in Cabinet Y, Slides 323-324 (P.R.W.C.T.), STONEY BROOK SECTION 4, as recorded in Cabinet R, Slides 363-364 (P.R.W.C.T.), STONEY BROOK SECTION 5, as recorded in Cabinet Y, Slides 184-185 (P.R.W.C.T.), and the REPLAT OF STONEY BROOK SECTION THREE "A", as recorded in Cabinet 0, Slides 318-319 (P.R.W.C.T.) the following thirty one (31) courses and distances; 1. North 21°13'40" West, a distance of 104.68' to a ''/2" iron rod with a G&R cap found for the point of curvature of a curve to the right, a Delta Angle of 89°58'58", and a Radius of 20.00'; 2. With said curve to the right ari Arc Distance of 31.41' to a point for the end of the curve herein described and from which point a''/2" iron rod with a G&R cap found bears North 54°26'06" West, a distance of 0.15'; 3. North 21°13'40" West, a distance of 50.00' to a point for the point of curvature of a non -tangent curve to the right from which the radius bears North 21°12'38" West, a Delta Angle of 89°58'58", and a Radius of 20.00', and from which a'/2" iron rod found with a G&R cap bears South 37°27'53" West, a distance of 0.13'; 4. With said curve to the right an Arc Distance of 31.41' to a point for the end of the curve herein described and from which point a '/2" iron rod with a G&R cap found bears North 20°17'07" West, a distance of 0.15'; 5. North 21°13'40" West, a distance of 699.42' to a point for the point of curvature of a curve to the left, a Delta Angle of 26°11'07", and a Radius of 480.98' and from which point a '/2" iron rod with G&R cap found bears North 63°06'54" East, a distance of 0.17'; 6. With said curve to the left an Arc Distance of 219.82' to a '/2" iron rod found for the end of the curve herein described; 7. North 47°24'09" West, a distance of 175.09' to 1/2" iron rod found for the point of curvature of a curve to the right from which the radius bears North 42°33'43" East ,a Delta Angle of 79°05'46", and a Radius of 333.33'; 8. With said curve to the right an Arc Distance of 460.16' to a'' /2" iron rod with Baker-Aicklen cap for the end of the curve herein described; 9. North 31°41'22" East, a distance of 374.48' to a'' /2" iron rod with Baker-Aicklen cap found for the point of curvature of a curve to the left from which the radius bears North 58°15'35" West, a Delta Angle of 08°52'48", and a Radius of 435.63'; Page 3 of 4 10. With said curve to the left an Arc Distance of 67.52' to a''/2" iron rod with a RJE& S cap found for the point of reverse curvature of a curve to the right from which the radius bears South 67°08' 19" East, a Delta Angle of 83°12'35", and a Radius of 20.00'; 11. With said curve to the right an Arc Distance of 29.05' to a'' /2" iron rod with RJE&S cap found for the end of the curve herein described; 12. North 16°28'36" East, a distance of 60.00' to a '/2" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 17°18'04" East, a Delta Angle of 83°12'07", and a radius of 20.00'; 13. With said curve to the right an Arc Distance of 29.04' to a '/2" iron rod with Baker-Aicklen cap found for the reverse curvature of a curve to the left from which to radius bears North 79°45'02" West, a Delta Angle of 31°01'07", and a Radius of 435.63; 14. With said curve to the left an Arc Distance of 235.84' to a '/2" iron rod with RJE&S cap found for the reverse curvature of a curve to the right from which the radius bears North 68°54'55" East, a Delta Angle of 89°19'49", and a Radius of 20.00'; 15. With said curve to the right an Arc Distance of 31.18' to a '/2" iron rod with RJE&S cap found for the end of the curve herein described; 16. North 20°53'54" West, a distance of 50.00' to a 'h" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 20°03'23" West, a Delta Angle of 89°15'21", and a Radius of 20.00'; 17. With said curve to the right an Arc Distance of 31.16' to a 1/2" iron rod with RJE&S cap found for the end of the curve herein described; 18. North 20°55'08" West, a distance of 159.96' to a'' /2" iron rod with Baker-Aicklen cap found for the point of curvature of a curve to the right from which the radius bears North 69°02'56" East, a Delta Angle of 90°26'12", and a Radius of 20.00'; 19. With said curve to the right an Arc Distance of 31.57' to a 1/2" iron rod with RJE&S cap found for the end of the curve herein described; 20. North 20°55'24" West, a distance of 49.85' to a '/2" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 20°53'51" West, a Delta Angle of 91°15'25", and a Radius of 20.00'; 21. With said curve to the right an Arc Distance of 31.85' to a '/2" iron rod with RJE&S cap found for the end of the curve herein described; 22. North 20°50'46" West, a distance of 199.64' to a'' /2" iron rod found for the point of curvature of a curve to the right, from which the radius bears North 68°32'21" East, a Delta Angle of 90°21'12", and a Radius of 20.00'; 23. With said curve to the right an Arc Distance of 31.54' to a to a found '/2" iron rod for the end of the curve herein described; 24. North 20°54'28" West, a distance of 49.84' to a '/2" iron rod found for the point of curvature of a curve to the right, from which the radius bears North 20°18'26" West, a Delta Angle of 89°19'14", and a Radius of 20.00'; Page 4 of 4 25. With said curve to the right an Arc Distance of 31.18' to a 'A" iron rod found for the end of the curve herein described; 26. North 20°53'44" West, a distance of 199.92' to a 'A" iron rod found for the point of curvature of a curve to the right from which the radius bears North 68°55'12" East, a Delta Angle of 90°29'23", and a Radius of 20.00'; 27. With said curve to the right an Arc Distance of 31.59' to a 'A" iron rod found for the end of the curve herein described; 28. North 20°51'26" West, a distance of 50.00' to a' A" iron rod found for the point of curvature of a curve to the right from which the radius bears North 20°54'19" West, a Delta Angle of 89°54'06", and a Radius of 20.00'; 29. With said curve to the right an Arc Distance of 31.38' to a 'A" iron rod found for the end of the curve herein described; 30. North 20°50'18" West, a distance of 497.93' to a 'A" iron rod with a Pate cap set for the point of curvature of a curve to the right from which the radius bears North 68°52'36" East, a Delta Angle of 28°48'50", and a Radius of 20.00'; 31. With said curve to the right a Arc Distance of 10.06' to a 'A" iron rod with Baker-Aicklen cap found for the end of the curve herein described, and falling in the southerly right-of-way of said University Boulevard; THENCE North 69°31'37" East, a distance of 1,012.44' with the line common to the said southerly right-of-way of University Boulevard and the northerly line of said 98.19 acre tract to the POINT OF BEGINNING of the tract herein described and containing 98.19 acres of land. Prepared by: PATE SURVEYORS a division of Pate Engineers, Inc. Job No. 1135-012-01-A510 l_rt- A445- N Certification Date March 10, 2008 THIS LEGAL DESCRIPTION IS ISSUED IN CONJUNCTION WITH THE SURVEY CONDUCTED BY PATE SURVEYORS ON MARCH 10, 2008. PARCEL 4A ZONING EXHIBIT METES AND BOUNDS DESCRIPTION OF 24.66 ACRES OF LAND IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215 WILLIAMSON COUNTY, TEXAS 24.66 ACRES OUT OF THAT CERTAIN 98.20 ACRE TRACT OF LAND SITUATED IN TI -IE ABEL L. EAVES SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS CONVEYED BY DEED FROM THE STATE OF TEXAS, FOR THE USE AND BENEFIT OF THE PERMANENT SCHOOL FUND RECORDED TO SBB HOLDINGS, L.P. AS RECORDED IN DOCUMENT NUMBER 2008021486 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. BEARINGS ARE BASED ON THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01- 035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD 83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM CENTRAL ZONE. COMMENCING at a '/z" iron rod found with a Baker-Aicklen cap in the southerly right-of-way line of University Boulevard (width varies) as recorded in Volume 1712, Page 789 Official Records of Williamson County, Texas (Chandler Road width varies, County Road 114) for the comer common to the northwest corner of the residue of a 1,200.19 acre tract conveyed by Trustee Distribution Deed from Charles Needham Avery, III Trustee of the Exemption Equivalent Trust to Avery Ranch Company, Ltd. as Tract 1 as recorded in Document Number 2002071336 of the Official Public Records of Williamson County, Texas and the northeast corner of said 98.20 acre tract, and falling in the Boundary Line Agreement between John H. May and wife Grace J. May and Charles Needham Avery, Jr. et al as recorded in Volume 958, Page 772 of the Deed Records of Williamson County, Texas; THENCE, South 17°11'36" East, a distance of 1,251.74', with said common line to the POINT OF BEGINNING of the tract herein described; THENCE, continuing with the line common to the west line of said Avery Ranch Company tract and the east line of said 98.20 acre tract, also common to said Boundary Line Agreement the following nine (9) courses and distances; 1. South 17°11'36" East, a distance of 636.50' to a %2" iron rod found for an angle corner of the tract herein described; 2. South 17°20'47" East, a distance of 666.63' to a %2" iron rod found for an angle corner of the tract herein described; 3. South 39°53'18" East, a distance of 911.10' to a' h" iron rod found for the most easterly southeast corner of the tract herein described; 4. South 58°55"53" West, a distance of 124.96' to a 60d nail found in a fence post for an angle corner of the tract herein described; 5. South 44°45'55" West, a distance of 8.98' to a '/2" iron rod found for an angle corner of the tract herein described; Page 2 of 3 6. South 63°42'57" West, a distance of 106.67' to a PK nail found in a rock for an angle corner of the tract herein described; 7. North 79°54'34" West, a distance of 84.66' to a `'A" iron rod found for an angle corner of the tract herein described; 8. North 65°30'23" West, a distance of 128.43' to a 60d nail found in a fence post for an angle corner of the tract herein described; 9. South 71°47'06" West, a distance of 39.98' to a point for an angle corner of the tract herein described from which a %2" iron rod found for a southerly corner of said 98.20 acre tract bears South 71°47'06" West, a distance of 53.98'; THENCE, over and across said 98.20 acre tract the following thirteen (13) courses and distances; 1. North 67°41'30" West, a distance of 99.05' to a point for an angle corner of the tract herein described; 2. North 44°13'33" West, a distance of 188.80' to a point for an angle corner of the tract herein described; 3. North 40°41'37" West, a distance of 275.54' to a point for an angle corner of the tract herein described; 4. North 24°08'21" West, a distance of 221.02' to a point for an angle corner of the tract herein described; 5. North 32°38'44" West, a distance of 98.86' to a point for an angle corner of the tract herein described; 6. North 25°16'47" West, a distance of 158.10' to the Point of Curvature of a curve to the left, and having a Delta Angle of 25°00' 16", a Radius of 807.50'; 7. With said curve to the left, a Chord Bearing and Distance North 37°46'55" West - 349.61', an Arc Distance of 352.40' to the Point of Curvature of a Reverse Curve to the right, having a Delta Angle of 24°42'07', and a Radius of 492.50'; 8. With said curve to the right, a Chord Bearing and Distance of North 37°56'00" West — 210.69', an Arc Distance of 212.33' to the end of the curve herein described; 9. North 64°25'04" East, a distance of 32.50' to a point falling on the arc of a curve to the right, having a Delta Angle of 24°19'29", a Radius of 460.00', and from which the Radius bears North 64°25'04" East; 10. With said curve to the right, a Chord Bearing and Distance of North 13°25'12" West — 193.83', an Arc Distance of 195.29' to the end of the curve herein described; Page 3 of 3 11. North 01°15'27" West, a distance of 365.94' to the Point of Curvature of a curve to the right, having a Delta Angle of 01°08'56", a Radius of 760.00'; 12. With said curve to the right, a Chord Bearing and Distance of North 00°40'59" West — 15.24', an Arc Distance of 15.24' to a point for the end of the curve herein described and the northwest corner of the tract herein described; 13. North 69°37'00" East, a distance of 488.40' to the POINT OF BEGINNING of the tract herein described and containing 24.66 acres of land. Prepared by: PATE SURVEYORS a division of Pate Engineers, Inc. Job No. 1135-012-00-A800 Neil Hines, R.P.L.S. No. 5642 September 9, 2008 THIS LEGAL DESCRIPTION IS ISSUED FOR THE PURPOSE OF ATTACHMENT TO ZONING EXHIBITS. IT SHOULD NOT BE USED FOR TITLE TRANSFER. UNIVERSITY BLVD (R.O.V. VARIES) (0.325 ACRES) VOL. 1712. PG. 789 O.R.V.C.T. (CHANDLER 0062.) (COUNTY ROAD N0. 114) 98.20 ACRES THE STATE OF TEXAS TO SBB HOLDINGS, LP. DOC. No. 2008021486 0.P.R.W.C.T. L13 C1 P.O.0 BOUNDARY LINE AGREEMENT VOL. 958 PC. 772 D.R.W.C.T. ~�— N 69°37'00" E 488.40' CND. 1/2 1. ROD i v PARCEL 4A 4.PUBUC FACILfES/MULTT-FAMIUY 24.66 ACRES 0' N t• 0 BOUNDARY LINE AGREEMENT VOL. 958 PG. 772 D.R.W.C.T. 98.20 ACRES THE STATE OF TEXAS TO 588 HOLDINGS, LP. DOC. No. 2008021486 0.P.R.W.C.T, L7 CND. 1/2 I. ROD 911H 110 CAP TRACT 1 1200.19 ACRES RESUIDE CHARLES NEEDHAM AVERY. III. TRUSTEE TO AVERY RANCH COMPANY, LTD. DOCUMENT N0. 2002071336 O.P.R.W.C.T. 01 P.O.B. 1/) 03 2.3 0) G) 0' 300' 600' 0) G1 TRACT 1 1200.19 ACRES RESUIDE CHARLES NEEDHAM AVERY. 01, TRUSTEE TO AVERY RANCH COMPANY, LTD. DOCUMENT N0. 2002071336 0.P.R.W.C.1. CND. 1/2 S. RDD 900' TRACT 1 1200.19 ACRES RESUME CHARLES NEEDHAM AVERY, Itl, TRUSTEE TO AVERY RANCH COMPANY. LTD. tP DOCUMENT NO. 2002071336 0.P.R.W.C.T. 1A SYMBOL LEGEND ® FOUND 1/2' IRON ROD UNLESS OTHERYASE NOTED A CONTROLLING MONUMENT CALCULATED POINT ABBREVIATION TABLE END. FOUND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING DOC DOCUMENT 0.P.R.YI.C.T. OFFICIAL PROPERTY RECORDS OF WILLIAMSON COUNTY. TEXAS 0.6.21.0.1. OFFICIAL RECORDS OF WILLIAMSON COUNTY. TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS R.O.W. RICHT OF WAY VOL. VOLUME PG. PAGE N0. NUMBER PAGE 1 OF 2 Yi PATE •*•• SURVEYORS A DIVISION OF PATE ENGINEERS, INC. ID Y 0 BOUNDARY LINE AGREEMENT VOL. 958 PC. 772 D.R.W.C.1. 6DD NAIL FNM. 6DD NAIL IN FENCE POST CND. K NAIL L3 1N ROCK 1601 Copilot Al Teme Hoy., 514. 330•Auatin, TX 78731•PA512J40.06004DK312'3400604•www,pol,Sng.Lom UNIVERSITY VILLAGE ZONING EXHIBIT 24.66 ACRES PARCEL 4A ABEL L. EAVES SURVEY, A-215 WILLIAMSON COUNTY, TEXAS DRAWN: R.C. ORIGINAL ISSUE DATE: 09/09/08 ORIGINAL SCALE = 300' APP,(0VED EO ISSUE: A1./� A.af• JOB NO.: 1135-012-00-A800 CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH RADIAL BEARING C1 25'00'16" 807.50' 352.40' N 37'46'55" W 349.61' C2 24'42'07" 492.50' 212.33' N 37'56'00" W 210.69' C3 24'19'29" 460.00' 195.29' N 13'25'12" W 193.83' N 64'25'04" E C4 01'08'56" 760.00' 15.24' N 00'40'59" W 15.24' LINE BEARING DISTANCE Li S 58'55'53" W 124.96' L2 5 44'45'55" W 8.98' L3 S 63'42'57" W 106.67' L4 N 79'54'34" W 84.66' L5 N 65'30'23" W 128.43' L6 S 71'47'06" W 39.98' L7 N 67'41'30" W 99.05' L8 N 44'13'33" W 188.80' L9 N 40'41'37" W 275.54' L10 N 24'08'21" W 221.02' L11 N 32'38'44" W 98.86' L12 N 25'16'47" W 158.10' L13 N 64'25'04" E 32.50' L14 S 71'47'06" W 53.98' L15 S 17'11'36" E 1251.74' PAGE 2 OF 2 PATE • SURVEYORS A DIVISION OF PATE ENGINEERS, INC. 7801 Capitol *1 Toms lin. Ste. 350•Aoetin• TX 17701'F 511J400600•/oe51¢J400604•www.poteeny.com UNIVERSITY VILLAGE ZONING EXHIBIT 24.66 ACRES PARCEL 4A _ ABEL L. EAVES SURVEY, A-215 WILLIAMSON COUNTY, TEXAS DRAM: R.G. ORIGINAL ISSUE DATE: 09/09/08 ORIGINAL I. - 300' SCALE F ISSUE: 'Pen en�iG b JOB NO.: 1135-012-00-A800 l I .T__k__i-_j__.�__i i_ -- 11.11. Satellite _.. View ._ University Boulevard ----- ..r.. ACC 24 ACRE TRACT 24.66 ACRES l Side Paraael Travel Travel silk PahUn9 lane Lane 65' ROW University Village G3rive Street Section L_ UNIVERSITY VILLAGE ROUND ROCK, TX. EXHIBIT - C RT. October 6, 2008 SCALE: NTS �- Satellite View University Boulevard ACC 24 ACRE TRACT (24.66 ACRES) UNIVERSITY VILLAGE ROUND ROCK, TX EXHIBIT - D N{7RTH October 6, 2008 hiMNOIMMMMNMN SCALE: NTS DATE: October 16, 2008 SUBJECT: City Council Meeting — October 23, 2008 ITEM: 12A1. Consider a resolution authorizing the Mayor to execute a development agreement with SBB Holdings, L.P. regarding construction of University Village Drive and related traffic improvements. Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development Director SBB Holdings owns a 98.19 acre tract, 73.52 acres of which is being considered for a PUD zoning district to allow for 18.62 acres of limited commercial, 8.83 acres of office, 7.80 acres of townhouse, 7.38 acres of office or townhouse, 5.07 acres of multi -family or post -secondary educational facilities and 25.82 acres of open space. The remaining 24.66 acres is planned for use by Austin Community College as a portion of their campus. The agreement insures the construction of transportation improvements related to the development, including the construction of University Village Drive and a share of the cost of area traffic signals. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The PUD (Planned Unit Development) zoning consideration is a separate item on the agenda. Public Comment: N/A 0 0_ 4) 0) 0 .(/) 4) > .c D EXECUTED DOCUMENT FOLLOWS DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is executed between the City of Round Rock, Texas, a political subdivision of the state of Texas (the "City") and SBB Holdings, LP, a Texas limited partnership (the "Developer"), to be effective on this Z34 day of , 2008. RECITALS: WHEREAS, the Developer is the owner of a certain 98.19 acre tract of land located at the southeast corner of the intersection of University Boulevard and Sandy Brook Drive in Round Rock, Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, a 73.52 acre portion of the Property is zoned subject to a Planned Unit Development; recorded as Document No. in the Official Public Records of Williamson County, Texas (the "PUD"); and WHEREAS, the Developer has entered into a Purchase and Sale Agreement with Austin Community College District ("ACC") in order to sell a portion of the Property containing approximately 24.66 acres more particularly described on Exhibit "B" attached hereto and incorporated herein (the "24 -Acre Tract"); and WHEREAS, a Traffic Impact Analysis (the "TIA") prepared by the Developer indicates that certain roadway improvements are necessary to develop the Property; and WHEREAS, the Developer and the City by this Agreement, desire to memorialize their respective obligations regarding such roadway and other improvements as relate to the PUD and to the 24 -Acre Tract. NOW THEREFORE, for the consideration of the provisions and the mutual agreements set forth herein, the City and the Developer agree as follows: ARTICLE I. GENERAL PROVISIONS 1.1 Dedication of University Village Drive. The TIA requires the construction of a sixty-five (65') foot wide north -south roadway as shown on Exhibit "C" attached hereto and incorporated herein ("University Village Drive). University Village Drive shall be that portion that is within the 24 -Acre Tract, including that portion that is contiguous to Parcel 3 and north of Zodiac Lane, as shown as crosshatched on Exhibit "D" attached hereto (the "24 -Acre Tract Road Requirement") shall be conveyed and dedicated by metes and bounds to the City by Developer prior to or at the time of the conveyance of the 24 -Acre Tract. Notwithstanding the foregoing, Developer shall have the right at anytime to transfer the Property, in whole or in part, including, but not limited to, the 24 -Acre Tract, to an affiliated third party of Developer prior to the conveyance and dedication of any portion of University Village Drive to the City. 00147331/cc - vr-(0-14- (44 1.2 Construction of University Village Drive. In order to assure completion of construction of the 24 -Acre Tract Road Requirement, Developer shall deposit with the City in the form of cash or a Letter of Credit (the "LOC") acceptable to the City in an amount equal to 110% of the estimated cost to construct the 24 -Acre Tract Road Requirement, said estimated cost to be determined by the City after consultation with the Developer. The Letter of Credit shall be from a bank approved by the City. Partial releases of said Letter of Credit shall be provided by the City based upon previous city practices. The estimated cost to construct the 24 -Acre Tract Road Requirement shall be submitted to the Developer within thirty (30) days after the date of this Agreement and the Letter of Credit shall be deposited at the time of the conveyance of the 24 Acre Tract. The Developer shall commence construction of the 24 -Acre Tract Road Requirement upon the earlier to occur of (i) 120 or more parking spaces being constructed on the 24 -Acre Tract, or (ii) when construction is started on any building located on the 24 -Acre Tract that would require the issuance of a certificate of occupancy. Construction of the 24 -Acre Tract Road Requirement must be completed within one year of commencement of said construction. Upon completion of the construction by the Developer, and upon the City's approval and acceptance of the 24 -Acre Tract Road Requirement, the City shall be obligated to maintain and repair as necessary all portions of said 24 -Acre Tract Road Requirement. 1.3 Default in Construction of 24 -Acre Tract Road Requirement. In the event that the Developer has not started or completed construction of the 24 -Acre Tract Road Requirement pursuant to the terms of this Agreement, then in such event, the City shall provide written notice to the Developer, whereupon the Developer shall have thirty (30) days in order to cure such default. In the event the default is not cured within said thirty (30) day period or within a reasonable time thereafter, the City shall have the right, but not the obligation, to use the cash or LOC in the City's possession pursuant to Section 1.2 above to cure such default and complete the construction of the 24 -Acre Tract Road Requirement. 1.4 Installation of Traffic Signals. 1.4.1 Pursuant to the TIA, Developer shall contribute $19,800.00 for the installation of a proposed traffic signal at the intersection of CR 112 and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat within Parcel 1 as described in the PUD. The traffic signal will be installed by the City where the City determines that said signal is warranted. 1.4.2 Pursuant to the TIA, Developer shall contribute $37,800.00 for the installation of a traffic signal at the intersection of Sandy Brook Drive and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat within Parcel 1 as described in the PUD. The traffic signal will be installed by the City where the City determines that said signal is warranted. 1.4.3 Pursuant to the TIA, the Developer shall contribute $22,000.00 for the installation of a traffic signal at the intersection of Seton Parkway and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat for Parcels 2, 3, or 4 as described in the PUD. The traffic signal will be installed by the City when the City determines that said signal is warranted. 2 ARTICLE II. MISCELLANEOUS PROVISIONS 2.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the parties negotiated and entered into this Agreement; and (c) reflect the intent of the parties with regard to the subject matter of this Agreement. If it becomes necessary to interpret any provision of this Agreement, the intent of the parties hereof, as evidenced by the recitals, shall be given full effect. The parties have relied, to their material detriment, upon the recitals as part of the consideration for entering into this Agreement, and, but for the recitals, the parties would not have entered into this Agreement. 2.2 Term. The term of this Agreement shall be ten (10) years from the date of this Agreement. 2.3 Authority. The City represents and warrants that this Agreement has been approved by the action of the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of Developer has been authorized to do so. 2.4 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by; Developer and the City. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. 2.5 Entire Agreement; Amendment; Severability. This Agreement supersedes all prior discussions, agreements and understandings between Developer and the City and constitutes the entire agreement between the Developer and the City with respect to the transaction herein contemplated. This Agreement may be amended or modified only by a written instrument executed by Developer and the City. If any term, covenant, condition, or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 2.6 Notices. Any notice or other communication required by this Agreement to be given, provided, or delivered to a party shall be in writing addressed to the parties as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; (b) if by private delivery service (e.g., FedEx or UPS), on the date delivered to the notice address as evidenced by a receipt signed by any person at the notice address; (c) if by FAX, when sent, or (d) if by any other means (including, but not limited to, e-mail if an email address is provided below), when actually received by the party at the notice address. Each party has the right to change, from time to time, its notice addresses by giving at least 10 days written notice to the other parties. If any time period provided in this Agreement ends on a Saturday, 3 Sunday, or legal holiday, the period shall be extended to the first business day following such Saturday, Sunday or legal holiday. Notice to SBB Holdings, LP: SBB Holdings, L.P. Attn. John Avery, Jr. 221 West 6th Street, Suite 900 Austin, Texas 78701 Notice to City: James R. Nuse, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 2.7 Time. Time is of the essence in the performance by the parties of their respective obligations under this Agreement. 2.8 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Venue shall be in Williamson County, Texas. 2.9 Non -Waiver. If a party fails to insist on strict performance of any provision of this Agreement, such failure shall not be deemed a waiver by such party of its right to insist on strict performance of such provision in the future or strict performance of any other provision of this Agreement. 2.10 Binding Effect. This Agreement is a covenant running with the land and shall be binding on all subsequent owners of all or any portion of the Property. 2.11 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights. 2.12 Assignment. Except as provided for in Section 1.2 of this Agreement, this Agreement may not be assigned by Developer to a successor owner of the property without the express written consent of the City. 2.13 Exhibits. The following exhibits are attached to this Agreement and are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. Exhibit A Exhibit B Exhibit C Exhibit D Property Description 24 -Acre Tract Description Description of University Village Drive 24 Acre Tract Road Requirement 4 ATTEST: Name: Sara White City Secretary STATE OF TEXAS CITY ¢�$OUNDROCK, TEXAS By: (�Q Name: Alan McGraw Title: Mayor Date: /0. 23 • de, SBB HOLDINGS, LP a Texas limited partnership By: SBB Holdings GP, LLC a Texas limited liability company its general Printe Title: 1a . AKNOWLDEGMENT COUNTY OF W. son I r cv i This instrument was acknowlettged before me on 2008 by 1 tae v r , Cha ,rc.0 -_ for SBB HOLDINGS GP, LLC, a Texas lim ed liabi y company, general par-,ner to SBB HOLDINGS LP, a Texas limited partnership, on behalf of said company and limited .artnership. U .1;7^ Pr17 Qti'd."7 41p wM'r$- EMILY K EMRCSEL Mfr Commission Expires February 28, 2010 5 STATE OF TEXAS COUNTY OF WILLIAMSON AKNOWLDEGMENT § § § ,E This instrument was acknowledged before me on 2.3 , 2008, by Alan McGraw, Mayor of the City of Round Rock, Texas, a Texas Home Rule City, on behalf of said city. =k: SARA L WHITE MY COMMISSION EXPIRES Judy 11, 2012 6 Notary Public, State of Texas EXHIBIT METES AND BOUNDS DESCRIPTION OF 98.19 ACRES OF LAND IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215 WILLIAMSON COUNTY, TEXAS ALL OF THAT CERTAIN 98.19 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS CONVEYD BY DEED FROM THE MAY FAMILY, L.P. TO THE STATE OF TEXAS, FOR THE USE AND BENEFIT OF THE PERMANENT SCHOOL FUND RECORDED IN DOCUMENT NUMBER 2005098710 OF THE OFFICAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. BEARINGS ARE BASED ON THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01-035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD 83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM CENTRAL ZONE. BEGINNING at a ''/2" iron rod found with a Baker-Aicklen cap in the southerly right-of-way line of University Boulevard Volume width varies as recorded in Volume 1712, Page 789 Official Records of Williamson County, Texas (Chandler Road width varies, County Road 114) for the corner common the northwest corner of residue of a 1,200.19 acre tract conveyed by Trustee Distribution Deed from Charles Needham Avery, III Trustee of the Exemption Equivalent Trust to Avery Ranch Company, Ltd. as Tract 1 as recorded in Document Number 2002071336 of the Official Public Records of Williamson County, Texas and the northeast corner of the tract herein described also falling in the Boundary Line Agreement between John H. May and wife Grace J. May and Charles Needham Avery, Jr. et al as recorded in Volume 958, Page 772 of the Deed Records of Williamson County, Texas as described ; THENCE, with the line common the west line of said Avery Ranch Company tract and the east line of said 98.18 acre tract, also common to said Boundary Line Agreement the following ten (10) courses and distances; 1. South 17°11'36" East, a distance of 1,888.24' to a %2" iron rod found for an angle corner of the tract herein described; 2. South 17°20'47" East, a distance of 666.63' to a '/2" iron rod found for an angle corner of the tract herein described; 3. South 39°53'18" East, a distance of 911.10' the tract herein described; 4. South 58°55"53" West, a distance of 124.96' herein described; 5. South 44°45'55" West, a distance of 8.98' described; to a '/2" iron rod found for the most easterly southeast corner of to a 60d nail found in a fence post for an angle corner of the tract to a '/2" iron rod found for an angle corner of the tract herein 6. South 63°42'57" West, a distance of 106.67' to a PK nail found in a rock for an angle corner of the tract herein described; 7. North 79°54'34" West, a distance of 84.66' to a %2" iron rod found for an angle corner of the tract herein described; 8. North 65°30'23" West, a distance of 128.43' to a 60d nail found in a fence post for an angle corner of the tract herein described; Page 2 of 4 9. South 71°47'06" West, a distance of 93.97' to a 1/2" iron rod found for an angle corner of the tract herein described; 10. South 11°26'34" East, a distance of 360.66' to rail road spike found for the corner common to the northeast corner of LAKESIDE SUBDIVISION SECTION FOUR as recorded in Cabinet X, Slides 285-286 of the Plat Records of Williamson County, Texas (P.R.W.C.T.) and the most southeasterly corner of the tract herein described; THENCE, South 68°46'33" West, a distance of 1026.21'with the line common to the south line of said 98.19 acre tract and the north line of said LAKESIDE SUBDIVISION SECTION FOUR and the north line of LAKESIDE SUBDIVISON SECTION ONE as recorded in Cabinet R, Slides 189-190 of the Plat Records of Williamson County, Texas to a 1/2" iron rod found in the easterly right-of-way line of Sandy Brook (60' R.O.W.) for the southwesterly corner of the tract herein described; THENCE, departing the line common to southerly line and the said Boundary Line Agreement line and the northerly line of said LAKESIDE SUBDIVISON SECTION ONE and with the easterly right-of-way line of said Sandy Brook Drive per the Plats of STONEY BROOK SECTION 6 as recorded in Cabinet Y, Slides 323-324 (P.R.W.C.T.), STONEY BROOK SECTION 4, as recorded in Cabinet R, Slides 363-364 (P.R.W.C.T.), STONEY BROOK SECTION 5, as recorded in Cabinet Y, Slides 184-185 (P.R.W.C.T.), and the REPLAT OF STONEY BROOK SECTION THREE "A", as recorded in Cabinet 0, Slides 318-319 (P.R.W.C.T.) the following thirty one (31) courses and distances; 1. North 21°13'40" West, a distance of 104.68' to a ''/2" iron rod with a G&R cap found for the point of curvature of a curve to the right, a Delta Angle of 89°58'58", and a Radius of 20.00'; 2. With said curve to the right an Arc Distance of 31.41' to a point for the end of the curve herein described and from which point a'' /2" iron rod with a G&R cap found bears North 54°26'06" West, a distance of 0.15'; 3. North 21°13'40" West, a distance of 50.00' to a point for the point of curvature of a non -tangent curve to the right from which the radius bears North 21°12'38" West, a Delta Angle of 89°58'58", and a Radius of 20.00', and from which a'' /2" iron rod found with a G&R cap bears South 37°27'53" West, a distance of 0.13'; 4. With said curve to the right an Arc Distance of 31.41' to a point for the end of the curve herein described and from which point a 12" iron rod with a G&R cap found bears North 20°17'07" West, a distance of 0.15'; 5. North 21°13'40" West, a distance of 699.42' to a point for the point of curvature of a curve to the left, a Delta Angle of 26°11'07", and a Radius of 480.98' and from which point a'' /2" iron rod with G&R cap found bears North 63°06'54" East, a distance of 0.17'; 6. With said curve to the left an Arc Distance of 219.82' to a 1/2" iron rod found for the end of the curve herein described; 7. North 47°24'09" West, a distance of 175.09' to %2" iron rod found for the point of curvature of a curve to the right from which the radius bears North 42°33'43" East ,a Delta Angle of 79°05'46", and a Radius of 333.33'; 8. With said curve to the right an Arc Distance of 460.16' to a'' /2" iron rod with Baker-Aicklen cap for the end of the curve herein described; 9. North 31°41'22" East, a distance of 374.48' to a %2" iron rod with Baker-Aicklen cap found for the point of curvature of a curve to the left from which the radius bears North 58°15'35" West, a Delta Angle of 08°52'48", and a Radius of 435.63'; Page 3 of 4 10. With said curve to the left an Arc Distance of 67.52' to a' h" iron rod with a RJE& S cap found for the point of reverse curvature of a curve to the right from which the radius bears South 67°08'19" East, a Delta Angle of 83°12'35", and a Radius of 20.00'; 11. With said curve to the right an Arc Distance of 29.05' to a'' /2" iron rod with RJE&S cap found for the end of the curve herein described; 12. North 16°28'36" East, a distance of 60.00' to a'' /2" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 17°18'04" East, a Delta Angle of 83°12'07", and a radius of 20.00'; 13. With said curve to the right an Arc Distance of 29.04' to a '/2" iron rod with Baker-Aicklen cap found for the reverse curvature of a curve to the Ieft from which to radius bears North 79°45'02" West, a Delta Angle of 31°01'07", and a Radius of435.63; 14. With said curve to the Ieft an Arc Distance of 235.84' to a'' /2" iron rod with RJE&S cap found for the reverse curvature of a curve to the right from which the radius bears North 68°54'55" East, a Delta Angle of 89°19'49", and a Radius of 20.00'; 15. With said curve to the right an Arc Distance of 31.18' to a'' /2" iron rod with RJE&S cap found for the end of the curve herein described; 16. North 20°53'54" West, a distance of 50.00' to a'' /2" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 20°03'23" West, a Delta Angle of 89°15'21", and a Radius of 20.00'; 17. With said curve to the right an Arc Distance of 31.16' to a 1/2" iron rod with RJE&S cap found for the end of the curve herein described; 18. North 20°55'08" West, a distance of 159.96' to a 1/2" iron rod with Baker-Aicklen cap found for the point of curvature of a curve to the right from which the radius bears North 69°02'56" East, a Delta Angle of 90°26'12", and a Radius of 20.00'; 19. With said curve to the right an Arc Distance of 31.57' to a'' /2" iron rod with RJE&S cap found for the end of the curve herein described; 20. North 20°55'24" West, a distance of 49.85' to a '/2" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 20°53'51" West, a Delta Angle of 91°15'25", and a Radius of 20.00'; 21. With said curve to the right an Arc Distance of 31.85' to a'' /2" iron rod with RJE&S cap found for the end of the curve herein described; 22. North 20°50'46" West, a distance of 199.64' to a'/2" iron rod found for the point of curvature of a curve to the right, from which the radius bears North 68°32'21" East, a Delta Angle of 90°21'12", and a Radius of 20.00'; 23. With said curve to the right an Arc Distance of 31.54' to a to a found '/2" iron rod for the end of the curve herein described; 24. North 20°54'28" West, a distance of 49.84' to a 1/2" iron rod found for the point of curvature of a curve to the right, from which the radius bears North 20°18'26" West, a Delta Angle of 89°19'14", and a Radius of 20.00'; Page 4 of 4 25. With said curve to the right an Arc Distance of 31.18' to a 1/2" iron rod found for the end of the curve herein described; 26. North 20°53'44" West, a distance of 199.92' to a 1/2" iron rod found for the point of curvature of a curve to the right from which the radius bears North 68°55'12" East, a Delta Angle of 90°29'23", and a Radius of 20.00'; 27. With said curve to the right an Arc Distance of 31.59' to a 1/4" iron rod found for the end of the curve herein described; 28. North 20°51'26" West, a distance of 50.00' to a' /2" iron rod found for the point of curvature of a curve to the right from which the radius bears North 20°54'19" West, a Delta Angle of 89°54'06", and a Radius of 20.00'; 29. With said curve to the right an Arc Distance of 31.38' to a'' /2" iron rod found for the end of the curve herein described; 30. North 20°50'18" West, a distance of 497.93' to a' /2" iron rod with a Pate cap set for the point of curvature of a curve to the right from which the radius bears North 68°52'36" East, a Delta Angle of 28°48'50", and a Radius of 20.00'; 31. With said curve to the right a Arc Distance of 10.06' to a 1/4" iron rod with Baker-Aicklen cap found for the end of the curve herein described, and falling in the southerly right-of-way of said University Boulevard; THENCE North 69°31'37" East, a distance of 1,012.44' with the line common to the said southerly right-of-way of University Boulevard and the northerly line of said 98.19 acre tract to the POINT OF BEGINNING of the tract herein described and containing 98.19 acres of land. Prepared by: PATE SURVEYORS a division of Pate Engineers, Inc. Job No. 1135-012-01-A510 r LG �-1/�c.lGS Certification Date March 10, 2008 THIS LEGAL DESCRIPTION IS ISSUED IN CONJUNCTION WITH THE SURVEY CONDUCTED BY PATE SURVEYORS ON MARCH 10, 2008. EXHIBIT .19 \\ B11 PARCEL 4A ZONING EXHIBIT METES AND BOUNDS DESCRIPTION OF 24.66 ACRES OF LAND IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215 WILLIAMSON COUNTY, TEXAS 24.66 ACRES OUT OF THAT CERTAIN 98.20 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS CONVEYED BY DEED FROM THE STATE OF TEXAS, FOR THE USE AND BENEFIT OF THE PERMANENT SCHOOL FUND RECORDED TO SBB HOLDINGS, L.P. AS RECORDED IN DOCUMENT NUMBER 2008021486 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. BEARINGS ARE BASED ON THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01- 035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD 83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM CENTRAL ZONE. COMMENCING at a '/2" iron rod found with a Baker-Aicklen cap in the southerly right-of-way line of University Boulevard (width varies) as recorded in Volume 1712, Page 789 Official Records of Williamson County, Texas (Chandler Road width varies, County Road 114) for the corner common to the northwest corner of the residue of a 1,200.19 acre tract conveyed by Trustee Distribution Deed from Charles Needham Avery, III Trustee of the Exemption Equivalent Trust to Avery Ranch Company, Ltd. as Tract 1 as recorded in Document Number 2002071336 of the Official Public Records of Williamson County, Texas and the northeast corner of said 98.20 acre tract, and falling in the Boundary Line Agreement between John H. May and wife Grace J. May and Charles Needham Avery, Jr. et al as recorded in Volume 958, Page 772 of the Deed Records of Williamson County, Texas; THENCE, South 17°11'36" East, a distance of 1,251.74', with said common line to the POINT OF BEGINNING of the tract herein described; THENCE, continuing with the line common to the west line of said Avery Ranch Company tract and the east line of said 98.20 acre tract, also common to said Boundary Line Agreement the following nine (9) courses and distances; 1. South 17°11'36" East, a distance of 636.50' to a %z" iron rod found for an angle corner of the tract herein described; 2. South 17°20'47" East, a distance of 666.63' to a %z" iron rod found for an angle corner of the tract herein described; 3. South 39°53'18" East, a distance of 911.10' to a '/2" iron rod found for the most easterly southeast corner of the tract herein described; 4, South 58°55"53" West, a distance of 124.96' to a 60d nail found in a fence post for an angle corner of the tract herein described; 5. South 44°45'55" West, a distance of 8.98' to a %" iron rod found for an angle corner of the tract herein described; Page 2 of 3 6. South 63°42'57" West, a distance of 106.67' to a PK nail found in a rock for an angle corner of the tract herein described; 7. North 79°54'34" West, a distance of 84.66' to a `/2" iron rod found for an angle corner of the tract herein described; 8. North 65°30'23" West, a distance of 128.43' to a 60d nail found in a fence post for an angle corner of the tract herein described; 9. South 71°47'06" West, a distance of 39.98' to a point for an angle corner of the tract herein described from which a '/2" iron rod found for a southerly corner of said 98.20 acre tract bears South 71°47'06" West, a distance of 53.98'; THENCE, over and across said 98.20 acre tract the following thirteen (13) courses and distances; 1. North 67°41'30" West, a distance of 99.05' to a point for an angle corner of the tract herein described; 2. North 44°13'33" West, a distance of 188.80' to a point for an angle corner of the tract herein described; 3. North 40°41'37" West, a distance of 275.54' to a point for an angle corner of the tract herein described; 4. North 24°08'21" West, a distance of 221.02' to a point for an angle corner of the tract herein described; 5. North 32°38'44" West, a distance of 98.86' to a point for an angle corner of the tract herein described; 6. North 25°16'47" West, a distance of 158.10' to the Point of Curvature of a curve to the left, and having a Delta Angle of 25°00' 16", a Radius of 807.50'; 7. With said curve to the left, a Chord Bearing and Distance North 37°46'55" West - 349.61', an Arc Distance of 352.40' to the Point of Curvature of a Reverse Curve to the right, having a Delta Angle of 24°42'07', and a Radius of 492.50'; 8. With said curve to the right, a Chord Bearing and Distance of North 37°56'00" West — 210.69', an Arc Distance of 212.33' to the end of the curve herein described; 9. North 64°25'04" East, a distance of 32.50' to a point falling on the arc of a curve to the right, having a Delta Angle of 24°19'29", a Radius of 460.00', and from which the Radius bears North 64°25'04" East; 10. With said curve to the right, a Chord Bearing and Distance of North 13°25'12" West — 193.83', an Arc Distance of 195.29' to the end of the curve herein described; Page 3 of 3 11. North 01°15'27" West, a distance of 365.94' to the Point of Curvature of a curve to the right, having a Delta Angle of O1°08'56", a Radius of 760.00'; 12. With said curve to the right, a Chord Bearing and Distance of North 00°40'59" West — 15.24', an Arc Distance of 15.24' to a point for the end of the curve herein described and the northwest corner of the tract herein described; 13. North 69°37'00" East, a distance of 488.40' to the POINT OF BEGINNING of the tract herein described and containing 24.66 acres of land. Prepared by: PATE SURVEYORS a division of Pate Engineers, Inc. Job No. 1135-012-00-A800 l/La L 'i/ 6-g' Neil Hines, R.P.L.S. No. 5642 September 9, 2008 THIS LEGAL DESCRIPTION IS ISSUED FOR THE PURPOSE OF ATTACHMENT TO ZONING EXHIBITS. IT SHOULD NOT BE USED FOR TITLE TRANSFER. UNIVERSITY BLVD (R.0.1.1. VARIES) (0.325 ACRES) VOL. 1712, P0, 789 O.R.V.C.T. (CHANDLER ROAD,) (COUNTY ROAD N0. 114> 98.20 ACRES THE STATE Of TEXAS TO 508 HOLDINGS, LP. DOC. No. 2008021486 0.P.R.W.C.T. (0 L13 M P.O.0 BOUNDARY LINE AGREEMENT VOL. 958 PC. 772 D.R.W.C. T. N 69°37'00" E 488.40' 6rp q3 PARCEL 4A PUBIJC FACIL1T1Es/MUL11-FAMILIY 24.66 ACRES END. 1/2 1. ROD VITH 816 CAP TRACT 1 12013.10 ACRES RESUIDE CHARLES NEEDHAM AVERY. III, TRUSTEE TO AVERY RANCH COMPANY, LTO DOCUMENT N0. 2002071336 O.P.R.W.C,T. I.. P.O.B. 0' 300' TRACT 1 1200.19 ACRES RESVIDE CHARLES NEEDHAM AVERY, III, TRUSTEE TO END. 1/2 I. ROD £ AVERY RANCH COMPANY. LTD. DOCUMENT N0. 2002071336 0.P.R.W.C.T. BOUNDARY LINE AGREEMENT VOL. 958 PG. 772 TRACT 1 D.R.W.C.T. 1200.19 ACRES RESUIDE CHARLES NEEDHAM AVERY, III, TRUSTEE TO AVERY RANCH COMPANY, LID. DOCUMENT NO. 2002071336 0.P.R.W.C.T. 98.20 ACRES THE STATE OF TEXAS TO 588 HOLDINGS, LP. DOC. No. 2008021486 END. 1/2 1. ROD L7 600' 900' Wimeinommimml PST N BOUNDARY LINE AGREEMENT VOL. 958 PC. 772 D.R.W.0T. 0. 600 NAIL IND. PK NAIL IN ROCK E111. 60D NAIL IN FENCE POST L3 31 Ll DRAWN: R G. ORIGINAL ORIGINAL 1 = 300' ISSUE DATE: 09/09/08 SCALE APP,!OVED FO ISSUE: .vaJ JOB NO.: 1135-012-00—A800 SYMBOL LEGEND ® FOUND 1/2" IRON ROD UNLESS OTHERWISE NOTED • CONTROLLING MONUMENT ▪ CALCULATED POINT ABBREVIATION TABLE END. FOUND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING OOC DOCUMENT 0.P.R.W.C.T. OFFICIAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS 0 R.W.C.T. OFFICIAL RECORDS OF A1LLIAMSON COUNTY, TEXAS P.R.W.C.T. PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS R.O.W. RICHT OE WAY VOL. VOLUME PG. PAGE NO. NUMBER PAGE 1 OF 2 PATE •:::• SURVEYORS A DIVISION OF PATE ENGINEERS, INC. 7891 Copllal of Twos hwy., SIB. 350•Avatln, TX 70731•PA512O400600•Fo.512.34D0504•www.poleeng.00m UNIVERSITY VILLAGE ZONING EXHIBIT 24.66 ACRES PARCEL 4A ABEL L. EAVES SURVEY, A-215 WILLIAMSON COUNTY, TEXAS CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH RADIAL BEARING C1 25'00'16" 807.50' 352.40' N 37'46'55" W 349.61' C2 24'42'07" 492.50' 212.33' N 37'56'00" W 210.69' C3 24'19'29" 460.00' 195.29' N 13'25'12" W 193.83' N 64'25'04" E C4 01'08'56" 760.00' 15.24' N 00'40'59" W 15.24' LINE BEARING DISTANCE L1 S 58'55'53" W 124.96' L2 5 44.45'55" W 8.98' L3 S 63'42'57" W 106.67' L4 N 79'54'34" W 84.66' L5 N 65'30'23" W 128.43' L6 S 71'47'06" W 39.98' L7 N 67'41'30" W 99.05' L8 N 44'13'33" W 188.80' L9 N 40'41'37" W 275.54' L10 N 24'08'21" W 221.02' L11 N 32'38'44" W 98.86' L12 N 25'16'47" W 158.10' L13 N 64'25'04" E 32.50' L14 S 71'47'06" W 53.98' L15 S 179-1'36" 1'36" E 1251.74' PAGE 2 OF 2 PATE • SURVEYORS A DIVISION OF PATE ENGINEERS, INC. 7801 Copital of Texas Re]„ Ste. 350•Aoelin, TX 78731•Ph512-3400600•ios512.3400604•www.potton9.com UNIVERSITY VILLAGE ZONING EXHIBIT 24.66 ACRES PARCEL 4A ABEL L. EAVES SURVEY, A-215 WILLIAMSON COUNTY, TEXAS DRAWN: R.G. ORIGINAL ISSUE DATE: 09/09/08 ORIGINAL 1• _ MO, SCALE AiaLLFF/rlSSte: JOB NO.: 1135-012--00-A800 Ik l} 1 M .. Satellite View University Boulevard s 8' 12' 12' Parallel Travel Travel Parallel Side Parkin lane Lane Parking wadi R University Village Drive Street Section UNIVERSITY VILLAGE ROUND ROCK, TX EXHIBIT - C NORTI•f October 6, 2008 SCALE: NTS University Boulevard UNIVERSITY VILLAGE ROUND ROCK, TX EXHIBIT - D NORTH October 6, 2008 SCALE: NTS RECORDED DOCUMENT FOLLOWS 1111111111111111111111111111111111111111111 111111111111111 AGR 17 PGS 2008083383 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is executed between the City of Round Rock, Texas, a political subdivision of the state of Texas (the "City") and SBB Holdings, LP, a Texas limited partnership (the "Developer"), to be effective on this 234 day of , 2008. RECITALS: WHEREAS, the Developer is the owner of a certain 98.19 acre tract of land located at the southeast corner of the intersection of University Boulevard and Sandy Brook Drive in Round Rock, Williamson County, Texas and more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, a 73.52 acre portion of the Property is zoned subject to a Planned Unit Development, recorded as Document No. in the Official Public Records of Williamson County, Texas (the "PUD"); and WHEREAS, the Developer has entered into a Purchase and Sale Agreement with Austin Community College District ("ACC") in order to sell a portion of the Property containing approximately 24.66 acres more particularly described on Exhibit "B" attached hereto and incorporated herein (the "24 -Acre Tract"); and WHEREAS, a Traffic Impact Analysis (the "TIA") prepared by the Developer indicates that certain roadway improvements are necessary to develop the Property; and WHEREAS, the Developer and the City by this Agreement, desire to memorialize their respective obligations regarding such roadway and other improvements as relate to the PUD and to the 24 -Acre Tract. NOW THEREFORE, for the consideration of the provisions and the mutual agreements set forth herein, the City and the Developer agree as follows: ARTICLE I. GENERAL PROVISIONS 1.1 Dedication of University Village Drive. The TIA requires the construction of a sixty-five (65') foot wide north -south roadway as shown on Exhibit "C" attached hereto and incorporated herein ("University Village Drive). University Village Drive shall be that portion that is within the 24 -Acre Tract, including that portion that is contiguous to Parcel 3 and north of Zodiac Lane, as shown as crosshatched on Exhibit "D" attached hereto (the "24 -Acre Tract Road Requirement") shall be conveyed and dedicated by metes and bounds to the City by Developer prior to or at the time of the conveyance of the 24 -Acre Tract. Notwithstanding the foregoing, Developer shall have the right at anytime to transfer the Property, in whole or in part, including, but not limited to, the 24 -Acre Tract, to an affiliated third party of Developer prior to the conveyance and dedication of any portion of University Village Drive to the City. 00147331/cc a --L) to -v -tom 1.2 Construction of University Village Drive. In order to assure completion of construction of the 24 -Acre Tract Road Requirement, Developer shall deposit with the City in the form of cash or a Letter of Credit (the "LOC") acceptable to the City in an amount equal to 110% of the estimated cost to construct the 24 -Acre Tract Road Requirement, said estimated cost to be determined by the City after consultation with the Developer. The Letter of Credit shall be from a bank approved by the City. Partial releases of said Letter of Credit shall be provided by the City based upon previous city practices. The estimated cost to construct the 24 -Acre Tract Road Requirement shall be submitted to the Developer within thirty (30) days after the date of this Agreement and the Letter of Credit shall be deposited at the time of the conveyance of the 24 Acre Tract. The Developer shall commence construction of the 24 -Acre Tract Road Requirement upon the earlier to occur of (i) 120 or more parking spaces being constructed on the 24 -Acre Tract, or (ii) when construction is started on any building located on the 24 -Acre Tract that would require the issuance of a certificate of occupancy. Construction of the 24 -Acre Tract Road Requirement must be completed within one year of commencement of said construction. Upon completion of the construction by the Developer, and upon the City's approval and acceptance of the 24 -Acre Tract Road Requirement, the City shall be obligated to maintain and repair as necessary all portions of said 24 -Acre Tract Road Requirement. 1.3 Default in Construction of 24 -Acre Tract Road Requirement. In the event that the Developer has not started or completed construction of the 24 -Acre Tract Road Requirement pursuant to the terms of this Agreement, then in such event, the City shall provide written notice to the Developer, whereupon the Developer shall have thirty (30) days in order to cure such default. In the event the default is not cured within said thirty (30) day period or within a reasonable time thereafter, the City shall have the right, but not the obligation, to use the cash or LOC in the City's possession pursuant to Section 1.2 above to cure such default and complete the construction of the 24 -Acre Tract Road Requirement. 1.4 Installation of Traffic Signals. 1.4.1 Pursuant to the TIA, Developer shall contribute $19,800.00 for the installation of a proposed traffic signal at the intersection of CR 112 and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat within Parcel 1 as described in the PUD. The traffic signal will be installed by the City where the City determines that said signal is warranted. 1.4.2 Pursuant to the TIA, Developer shall contribute $37,800.00 for the installation of a traffic signal at the intersection of Sandy Brook Drive and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat within Parcel 1 as described in the PUD. The traffic signal will be installed by the City where the City determines that said signal is warranted. 1.4.3 Pursuant to the TIA, the Developer shall contribute $22,000.00 for the installation of a traffic signal at the intersection of Seton Parkway and University Boulevard. This amount shall be deposited with the City upon approval of the first final plat for Parcels 2, 3, or 4 as described in the PUD. The traffic signal will be installed by the City when the City determines that said signal is warranted. 2 ARTICLE II. MISCELLANEOUS PROVISIONS 2.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the parties negotiated and entered into this Agreement; and (c) reflect the intent of the parties with regard to the subject matter of this Agreement. If it becomes necessary to interpret any provision of this Agreement, the intent of the parties hereof, as evidenced by the recitals, shall be given full effect. The parties have relied, to their material detriment, upon the recitals as part of the consideration for entering into this Agreement, and, but for the recitals, the parties would not have entered into this Agreement. 2.2 Term. The term of this Agreement shall be ten (10) years from the date of this Agreement. 2.3 Authority. The City represents and warrants that this Agreement has been approved by the action of the City Council of the City in accordance with all applicable public meeting and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer and that the individual executing this Agreement on behalf of Developer has been authorized to do so. 2.4 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by; Developer and the City. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. 2.5 Entire Agreement; Amendment; Severability. This Agreement supersedes all prior discussions, agreements and understandings between Developer and the City and constitutes the entire agreement between the Developer and the City with respect to the transaction herein contemplated. This Agreement may be amended or modified only by a written instrument executed by Developer and the City. If any term, covenant, condition, or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 2.6 Notices. Any notice or other communication required by this Agreement to be given, provided, or delivered to a party shall be in writing addressed to the parties as set forth below. Notices shall be considered "given" for purposes of this Agreement: (a) if by Certified Mail, five business days after deposited with the U.S. Postal Service, Certified Mail, Return Receipt Requested; (b) if by private delivery service (e.g., FedEx or UPS), on the date delivered to the notice address as evidenced by a receipt signed by any person at the notice address; (c) if by FAX, when sent, or (d) if by any other means (including, but not limited to, e-mail if an email address is provided below), when actually received by the party at the notice address. Each party has the right to change, from time to time, its notice addresses by giving at least 10 days written notice to the other parties. If any time period provided in this Agreement ends on a Saturday, 3 Sunday, or legal holiday, the period shall be extended to the first business day following such Saturday, Sunday or legal holiday. Notice to SBB Holdings, LP: SBB Holdings, L.P. Attn. John Avery, Jr. 221 West 6th Street, Suite 900 Austin, Texas 78701 Notice to City: James R. Nuse, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 2.7 Time. Time is of the essence in the performance by the parties of their respective obligations under this Agreement. 2.8 Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Texas. Venue shall be in Williamson County, Texas. 2.9 Non -Waiver. If a party fails to insist on strict performance of any provision of this Agreement, such failure shall not be deemed a waiver by such party of its right to insist on strict performance of such provision in the future or strict performance of any other provision of this Agreement. 2.10 Binding Effect. This Agreement is a covenant running with the land and shall be binding on all subsequent owners of all or any portion of the Property. 2.11 Governmental Powers; Waivers of Immunity. By its execution of this Agreement, the City does not waive or surrender any of its governmental powers, immunities, or rights. 2.12 Assignment. Except as provided for in Section 1.2 of this Agreement, this Agreement may not be assigned by Developer to a successor owner of the property without the express written consent of the City. 2.13 Exhibits. The following exhibits are attached to this Agreement and are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. Exhibit A Exhibit B Exhibit C Exhibit D Property Description 24 -Acre Tract Description Description of University Village Drive 24 Acre Tract Road Requirement 4 ATTEST: Name: Sara White City Secretary STATE OF TEXAS CITY n,ROUNDR�,TEXAS By: Yh Name: Alan McGraw Title: Mayor Date: /D. 03. vi) SBB HOLDINGS, LP a Texas limited partnership By: SBB Holdings GP, LLC a Texas limited liability company its general Printe • a 77,,4 P/1. Title: gio,,,, _ AKNOWLDEGMENT COUNTY OF W. son 1 tyko This instrument was acknowle g efore me on 2008 by rho tae r r , LLC, a Texas lim ed liabi company, general pai .ner limited partnership, on behalf of said company and limited EMILY K MM OSEL My Commission Empires isbnrory 26.2010 5 d t for SBB HOLDINGS GP, to SBB HOLDINGS LP, a Texas artnership. e of Texas AKNOWLDEGMENT STATE OF TEXAS COUNTY OF WILLIAMSON .7 :2 Kat This instrument was acknowledged before me on d -7 , 2008, by Alan McGraw, Mayor of the City of Round Rock, Texas, a Texas Home Rule City, on behalf of said city. 6 Notary Public, State of Texas ,EXHIBIT METES AND BOUNDS DESCRIPTION OF 98.19 ACRES OF LAND IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215 WILLIAMSON COUNTY, TEXAS ALL OF THAT CERTAIN 98.19 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS CONVEYD BY DEED FROM THE MAY FAMILY, L.P. TO THE STATE OF TEXAS, FOR THE USE AND BENEFIT OF THE PERMANENT SCHOOL FUND RECORDED IN DOCUMENT NUMBER 2005098710 OF THE OFFICAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. BEARINGS ARE BASED ON THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01-035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD 83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM CENTRAL ZONE. BEGINNING at a ''A" iron rod found with a Baker-Aicklen cap in the southerly right-of-way line of University Boulevard Volume width varies as recorded in Volume 1712, Page 789 Official Records of Williamson County, Texas (Chandler Road width varies, County Road 114) for the corner common the northwest corner of residue of a 1,200.19 acre tract conveyed by Trustee Distribution Deed from Charles Needham Avery, III Trustee of the Exemption Equivalent Trust to Avery Ranch Company, Ltd. as Tract 1 as recorded in Document Number 2002071336 of the Official Public Records of Williamson County, Texas and the northeast corner of the tract herein described also falling in the Boundary Line Agreement between John H. May and wife Grace J. May and Charles Needham Avery, Jr. et al as recorded in Volume 958, Page 772 of the Deed Records of Williamson County, Texas as described ; THENCE, with the line common the west line of said Avery Ranch Company tract and the east line of said 98.18 acre tract, also common to said Boundary Line Agreement the following ten (10) courses and distances; 1. South 17°11'36" East, a distance of 1,888.24' to a %2" iron rod found for an angle corner of the tract herein described; 2. South 17°20'47" East, a distance of 666.63' to a ''A" iron rod found for an angle corner of the tract herein described; 3. South 39°53'18" East, a distance of 911.10' to a '/2" iron rod found for the most easterly southeast corner of the tract herein described; 4. South 58°55"53" West, a distance of 124.96' to a 60d nail found in a fence post for an angle corner of the tract herein described; 5. South 44°45'55" West, a distance of 8.98' to a '/2" iron rod found for an angle corner of the tract herein described; 6. South 63°42'57" West, a distance of 106.67' to a PK nail found in a rock for an angle corner of the tract herein described; 7. North 79°54'34" West, a distance of 84.66' to a ''A" iron rod found for an angle corner of the tract herein described; 8. North 65°30'23" West, a distance of 128.43' to a 60d nail found in a fence post for an angle corner of the tract herein described; Page 2 of 4 9. South 71°47'06" West, a distance of 93.97' to a ''/2" iron rod found for an angle corner of the tract herein described; 10. South 11°26'34" East, a distance of 360.66' to rail road spike found for the corner common to the northeast corner of LAKESIDE SUBDIVISION SECTION FOUR as recorded in Cabinet X, Slides 285-286 of the Plat Records of Williamson County, Texas (P.R.W.C.T.) and the most southeasterly corner of the tract herein described; THENCE, South 68°46'33" West, a distance of 1026.21'with the line common to the south line of said 98.19 acre tract and the north line of said LAKESIDE SUBDIVISION SECTION FOUR and the north line of LAKESIDE SUBDIVISON SECTION ONE as recorded in Cabinet R, Slides 189-190 of the Plat Records of Williamson County, Texas to a ''/2" iron rod found in the easterly right-of-way line of Sandy Brook (60' R.O.W.) for the southwesterly corner of the tract herein described; THENCE, departing the line common to southerly line and the said Boundary Line Agreement line and the northerly line of said LAKESIDE SUBDIVISON SECTION ONE and with the easterly right-of-way line of said Sandy Brook Drive per the Plats of STONEY BROOK SECTION 6 as recorded in Cabinet Y, Slides 323-324 (P.R.W.C.T.), STONEY BROOK SECTION 4, as recorded in Cabinet R, Slides 363-364 (P.R.W.C.T.), STONEY BROOK SECTION 5, as recorded in Cabinet Y, Slides 184-185 (P.R.W.C.T.), and the REPLAT OF STONEY BROOK SECTION THREE "A", as recorded in Cabinet 0, Slides 318-319 (P.R.W.C.T.) the following thirty one (31) courses and distances; 1. North 21°13'40" West, a distance of 104.68' to a '/2" iron rod with a G&R cap found for the point of curvature of a curve to the right, a Delta Angle of 89°58'58", and a Radius of 20.00'; 2. With said curve to the right an Arc Distance of 31.41' to a point for the end of the curve herein described and from which point a'' /2" iron rod with a G&R cap found bears North 54°26'06" West, a distance of 0.15'; 3. North 21°13'40" West, a distance of 50.00' to a point for the point of curvature of a non -tangent curve to the right from which the radius bears North 21°12'38" West, a Delta Angle of 89°58'58", and a Radius of 20.00', and from which a'' /2" iron rod found with a G&R cap bears South 37°27'53" West, a distance of 0.13'; 4. With said curve to the right an Arc Distance of 31.41' to a point for the end of the curve herein described and from which point a'/2" iron rod with a G&R cap found bears North 20°17'07" West, a distance of 0.15'; 5. North 21°13'40" West, a distance of 699.42' to a point for the point of curvature of a curve to the left, a Delta Angle of 26°11'07", and a Radius of 480.98' and from which point a '/2" iron rod with G&R cap found bears North 63°06'54" East, a distance of 0.17'; 6. With said curve to the left an Arc Distance of 219.82' to a %2" iron rod found for the end of the curve herein described; 7. North 47°24'09" West, a distance of 175.09' to ''A" iron rod found for the point of curvature of a curve to the right from which the radius bears North 42°33'43" East ,a Delta Angle of 79°05'46", and a Radius of 333.33'; 8. With said curve to the right an Arc Distance of 460.16' to a''/2" iron rod with Baker-Aicklen cap for the end of the curve herein described; 9. North 31°41'22" East, a distance of 374.48' to a '/2" iron rod with Baker-Aicklen cap found for the point of curvature of a curve to the left from which the radius bears North 58°15'35" West, a Delta Angle of 08°52'48", and a Radius of 435.63'; Pae 3of4 10. With said curve to the left an Arc Distance of 67.52' to a'/2" iron rod with a RJE& S cap found for the point of reverse curvature of a curve to the right from which the radius bears South 67°08' 19" East, a Delta Angle of 83°12'35", and a Radius of 20.00'; 11. With said curve to the right an Arc Distance of 29.05' to a'' /2" iron rod with RJE&S cap found for the end of the curve herein described; 12. North 16°28'36" East, a distance of 60.00' to a 1/4" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 17°18'04" East, a Delta Angle of 83°12'07", and a radius of 20.00'; 13. With said curve to the right an Arc Distance of 29.04' to a'' /2" iron rod with Baker-Aicklen cap found for the reverse curvature of a curve to the left from which to radius bears North 79°45'02" West, a Delta Angle of 31°01'07", and a Radius of435.63; 14. With said curve to the left an Arc Distance of 235.84' to a 1/4" iron rod with RJE&S cap found for the reverse curvature of a curve to the right from which the radius bears North 68°54'55" East, a Delta Angle of 89°19'49", and a Radius of 20.00'; 15. With said curve to the right an Arc Distance of 31.18' to a 1/4" iron rod with RJE&S cap found for the end of the curve herein described; 16. North 20°53'54" West, a distance of 50.00' to a 1/4" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 20°03'23" West, a Delta Angle of 89°15'21", and a Radius of 20.00'; 17. With said curve to the right an Arc Distance of 31.16' to a '/2" iron rod with RJE&S cap found for the end of the curve herein described; 18. North 20°55'08" West, a distance of 159.96' to a 1/4" iron rod with Baker-Aicklen cap found for the point of curvature of a curve to the right from which the radius bears North 69°02'56" East, a Delta Angle of 90°26' 12", and a Radius of 20.00'; 19. With said curve to the right an Arc Distance of 31.57' to a 1/4" iron rod with RJE&S cap found for the end of the curve herein described; 20. North 20°55'24" West, a distance of 49.85' to a '/2" iron rod with RJE&S cap found for the point of curvature of a curve to the right from which the radius bears North 20°53'51" West, a Delta Angle of 91°15'25", and a Radius of 20.00'; 21. With said curve to the right an Arc Distance of 31.85' to a' h" iron rod with RJE&S cap found for the end of the curve herein described; 22. North 20°50'46" West, a distance of 199.64' to a '/2" iron rod found for the point of curvature of a curve to the right, from which the radius bears North 68°32'21" East, a Delta Angle of 90°21'12", and a Radius of 20.00'; 23. With said curve to the right an Arc Distance of 31.54' to a to a found 1/4" iron rod for the end of the curve herein described; 24. North 20°54'28" West, a distance of 49.84' to a'' /2" iron rod found for the point of curvature of a curve to the right, from which the radius bears North 20°18'26" West, a Delta Angle of 89°19'14", and a Radius of 20.00'; Page 4 of 4 25. With said curve to the right an Arc Distance of 31.18' to a '/2" iron rod found for the end of the curve herein described; 26. North 20°53'44" West, a distance of 199.92' to a %" iron rod found for the point of curvature of a curve to the right from which the radius bears North 68°55'12" East, a Delta Angle of 90°29'23", and a Radius of 20.00'; 27. With said curve to the right an Arc Distance of 31.59' to a '/z" iron rod found for the end of the curve herein described; 28. North 20°51'26" West, a distance of 50.00' to a'' /z" iron rod found for the point of curvature of a curve to the right from which the radius bears North 20°54'19" West, a Delta Angle of 89°54'06", and a Radius of 20.00'; 29. With said curve to the right an Arc Distance of 31.38' to a'' /z" iron rod found for the end of the curve herein described; 30. North 20°50' 18" West, a distance of 497.93' to a'' /s" iron rod with a Pate cap set for the point of curvature of a curve to the right from which the radius bears North 68°52'36" East, a Delta Angle of 28°48'50", and a Radius of 20.00'; 31. With said curve to the right a Arc Distance of 10.06' to a %" iron rod with Baker-Aicklen cap found for the end of the curve herein described, and falling in the southerly right-of-way of said University Boulevard; THENCE North 69°31'37" East, a distance of 1,012.44' with the line common to the said southerly right-of-way of University Boulevard and the northerly line of said 98.19 acre tract to the POINT OF BEGINNING of the tract herein described and containing 98.19 acres of land. Prepared by: PATE SURVEYORS a division of Pate Engineers, Inc. Job No. 1135-012-01-A510 N / G - Certification Date March 10, 2008 THIS LEGAL DESCRIPTION IS ISSUED IN CONJUNCTION WITH THE SURVEY CONDUCTED BY PATE SURVEYORS ON MARCH 10, 2008. EXHIBIT PARCEL 4A ZONING EXHIBIT METES AND BOUNDS DESCRIPTION OF 24.66 ACRES OF LAND IN THE ABEL L. EAVES SURVEY ABSTRACT NO. 215 WILLIAMSON COUNTY, TEXAS 24.66 ACRES OUT OF THAT CERTAIN 98.20 ACRE TRACT OF LAND SITUATED IN THE ABEL L. EAVES SURVEY ABSRACT NO. 215, WILLIAMSON COUNTY, TEXAS CONVEYED BY DEED FROM THE STATE OF TEXAS, FOR THE USE AND BENEFIT OF THE PERMANENT SCHOOL FUND RECORDED TO SBB HOLDINGS, L.P. AS RECORDED IN DOCUMENT NUMBER 2008021486 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. BEARINGS ARE BASED ON THE CITY OF ROUND ROCK GPS STATIONS: ROUND ROCK 01- 035, ROUND ROCK 01-010, AND ROUND ROCK 01-011. NAD 83/HARN 93 HORIZONTAL COORDINATES, TEXAS STATE PLANE COORDINATE SYSTEM CENTRAL ZONE. COMMENCING at a Ya" iron rod found with a Baker-Aicklen cap in the southerly right-of-way line of University Boulevard (width varies) as recorded in Volume 1712, Page 789 Official Records of Williamson County, Texas (Chandler Road width varies, County Road 114) for the comer common to the northwest corner of the residue of a 1,200.19 acre tract conveyed by Trustee Distribution Deed from Charles Needham Avery, III Trustee of the Exemption Equivalent Trust to Avery Ranch Company, Ltd. as Tract 1 as recorded in Document Number 2002071336 of the Official Public Records of Williamson County, Texas and the northeast corner of said 98.20 acre tract, and falling in the Boundary Line Agreement between John H. May and wife Grace J. May and Charles Needham Avery, Jr. et al as recorded in Volume 958, Page 772 of the Deed Records of Williamson County, Texas; THENCE, South 17°11'36" East, a distance of 1,251.74', with said common line to the POINT OF BEGINNING of the tract herein described; THENCE, continuing with the line common to the west line of said Avery Ranch Company tract and the east line of said 98.20 acre tract, also common to said Boundary Line Agreement the following nine (9) courses and distances; 1. South 17°11'36" East, a distance of 636.50' to a 1/2" iron rod found for an angle corner of the tract herein described; 2. South 17°20'47" East, a distance of 666.63' to a 1/2" iron rod found for an angle corner of the tract herein described; 3. South 39°53'18" East, a distance of 911.10' to a Y2" iron rod found for the most easterly southeast corner of the tract herein described; 4. South 58°55"53" West, a distance of 124.96' to a 60d nail found in a fence post for an angle corner of the tract herein described; 5. South 44°45'55" West, a distance of 8.98' to a Y2" iron rod found for an angle corner of the tract herein described; Page 2 of 3 6. South 63°42'57" West, a distance of 106.67' to a PK nail found in a rock for an angle corner of the tract herein described; 7. North 79°54'34" West, a distance of 84.66' to a '/2" iron rod found for an angle corner of the tract herein described; 8. North 65°30'23" West, a distance of 128.43' to a 60d nail found in a fence post for an angle corner of the tract herein described; 9. South 71°47'06" West, a distance of 39.98' to a point for an angle corner of the tract herein described from which a '/2" iron rod found for a southerly corner of said 98.20 acre tract bears South 71°47'06" West, a distance of 53.98'; THENCE, over and across said 98.20 acre tract the following thirteen (13) courses and distances; 1. North 67°41'30" West, a distance of 99.05' to a point for an angle corner of the tract herein described; 2. North 44°13'33" West, a distance of 188.80' to a point for an angle comer of the tract herein described; 3. North 40°41'37" West, a distance of 275.54' to a point for an angle corner of the tract herein described; 4. North 24°08'21" West, a distance of 221.02' to a point for an angle corner of the tract herein described; 5. North 32°38'44" West, a distance of 98.86' to a point for an angle corner of the tract herein described; 6. North 25°16'47" West, a distance of 158.10' to the Point of Curvature of a curve to the left, and having a Delta Angle of 25°00'16", a Radius of 807.50'; 7. With said curve to the left, a Chord Bearing and Distance North 37°46'55" West - 349.61', an Arc Distance of 352.40' to the Point of Curvature of a Reverse Curve to the right, having a Delta Angle of 24°42'07", and a Radius of 492.50'; 8. With said curve to the right, a Chord Bearing and Distance of North 37°56'00" West — 210.69', an Arc Distance of 212.33' to the end of the curve herein described; 9. North 64°25'04" East, a distance of 32.50' to a point falling on the arc of a curve to the right, having a Delta Angle of 24°19'29", a Radius of 460.00', and from which the Radius bears North 64°25'04" East; 10. With said curve to the right, a Chord Bearing and Distance of North 13°25'12" West — 193.83', an Arc Distance of 195.29' to the end of the curve herein described; Page 3 of 3 11. North 01°15'27" West, a distance of 365.94' to the Point of Curvature of a curve to the right, having a Delta Angle of 01°08'56", a Radius of 760.00'; 12. With said curve to the right, a Chord Bearing and Distance of North 00°40'59" West — 15.24', an Arc Distance of 15.24' to a point for the end of the curve herein described and the northwest corner of the tract herein described; 13. North 69°37'00" East, a distance of 488.40' to the POINT OF BEGINNING of the tract herein described and containing 24.66 acres of land. Prepared by: PATE SURVEYORS a division of Pate Engineers, Inc. Job No. 1135-012-00-A800 Neil Hines, R.P.L.S. No. 5642 September 9, 2008 THIS LEGAL DESCRIPTION IS ISSUED FOR THE PURPOSE OF ATTACHMENT TO ZONING EXHIBITS. IT SHOULD NOT BE USED FOR TITLE TRANSFER. UNIVERSITY BLVD (R.O.V. VARIES) (0.325 ACRES) VOL. 1712• PG. 789 (CHANDLER ROAD,) (COUNTY ROAD N0. 114) 98.20 ACRES THE STATE OF TEXAS TO SO8 HOLDINGS, LP. DOC. No. 2008021486 0.P.R.W.C.T. P.O.0 BOUNDARY LINE AGREEMENT VOL. 958 PC. 772 D.R.W.C. T. N 69°37'00" E 488.40' L13 �i n FID. 1/7 I, ROD A`� � v f AY. PARCEL 4A A-.,, PUBLIC FACILITIES/MULT1-FAMIUY 24.66 ACRES FRI/ 1/2 I. R00 V1TH DAA CAP TRACT 1 1200.19 ACRES RESUIOE CHARLES NEEDHAM AVERY, 111. TRUSTEE TO AWRY RANCH COMPANY, LTD, DOCUMENT N0. 2002071336 0.P.R.W.C.T, ✓ P.O.B. -3 >w CAS 03 TRACT 1 1200.19 ACRES RESUIDE CHARLES NEEDHAM AVERY, 01, TRUSTEE TO AVERY RANCH COMPANY, LTD. DOCUMENT N0. 2002071336 0.P.R.W.C.T. BOUNDARY LINE AGREEMENT VOL. 958 PG. 772 D.R. W.C.T, 98.20 ACRES THE STATE OF TEXAS TO S88 HOLDINGS, LP. DOC. No. 2008021486 0.P,R.W.C.T, L7 ND. 1/2 1. ROD 0' 300' 600' 900' TRACT 1 1200.19 ACRES RESUIDE CHARLES NEEDHAM AVERY, III, TRUSTEE TO AVERY RANCH COMPANY, LTD. to DOCUMENT NO. 2002071336 O.P.R.W.C.T. C ✓ BOUNDARY LINE AGREEMENT VOL. 958 PG. 772 O.R.W.C. T. 141,6 D. ADD NAIL LS TND. PK NAIL L3 1N ROCK SYMBOL LEGEND O FOUND 1/2" IRON ROD UNLESS OTHERWISE NOTED Q CONTROLLING MONUMENT 410 CALCULA100 POINT ABBREVIATION TABLE END. FOUND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING DOC DOCUMENT 0.P.R.W.C.T. OFFICIAL PROPERTY RECORDS OF WILLIAMSON COUNTY, TEXAS O.R.WC.T. OFFICIAL RECORDS OF WILIAMSON COUNTY, TEXAS P.R.VI.C.T. PLAT RECORDS OF VOLLIAMSON COUNTY, TEXAS R.O.W. RICHT OF WAY VOL. VOLUME PG. PAGE N0. NUMBER PAGE 1 OF 2 PATE:, SURVEYORS A DIVISION OF PATE ENGINEERS, INC. 7801 Capitol or Tem. Hwy., SI.. 350•A...>,, TX 79731.91512.3400500• FDx512.3400604•wwwpoteeng.com UNIVERSITY VILLAGE ZONING EXHIBIT 24.66 ACRES PARCEL 4A ABEL L. EAVES SURVEY, A-215 WILLIAMSON COUNTY, TEXAS DRAWN: R.C. ORIGINAL ORIGINAL ISSUE DATE. 09/09/08 SCALE = 300' APP�J1tOVEO FO ISSUE: ,V&./Lfl.o o -f• JOB NO.: 1135--012-00—A800 CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH RADIAL BEARING C1 25'00'16" 807.50' 352.40' N 37'46'55" W 349.61' C2 24'42'07" 492.50' 212.33' N 37'56'00" W 210.69' C3 24'19'29" 460.00' 195.29' N 13'25'12" W 193.83' N 64'25'04" E C4 01'08'56" 760.00' 15.24' N 00'40'59" W 15.24' LINE BEARING DISTANCE L1 S 58'55'53" W 124.96' L2 S 44'45'55" W 8.98' L3 S 63'42'57" W 106.67' L4 N 79'54'34" W 84.66' L5 N 65'30'23" W 128.43' L6 S 71'47'06" W 39.98' L7 N 67'41'30" W 99.05' L8 N 44'13'33" W 188.80' L9 N 40'41'37" W 275.54' L10 N 24'08'21" W 221.02' L11 N 32'38'44" W 98.86' L12 N 25'16'47" W 158.10' L13 N 64'25'04" E 32.50' L14 S 71'47'06" W 53.98' L15 S 17'11'36" E 1251.74' PAGE 2 OF 2 PATE 4 SURVEYORS A DIVISION OF PATE ENGINEERS, INC. 7801 Copilot 01 Texas Wry., Ste. 359•Auelin, T% 78731•Ph51234006004o6123400604•rww.poteene.com UNIVERSITY VILLAGE ZONING EXHIBIT 24.66 ACRES PARCEL 4A ABEL L. EAVES SURVEY, A-215 WILLIAMSON COUNTY, TEXAS DRAWN: R.G. ORIGINAL ISSUE ORIGINAL 1 0 co'3 APP OVEO FQR/ISSUE: DATE: 09/09/08 SCALE .A,{rLi . N/,,rs. JOB NO.: 1135-012-O0-A800 1Z—L—:12 6' Parallel Travel Travel Parallel Parking Lane Lane Parking ROW University Village [Drive Street Section ; UNIVERSITY VILLAGE ROUND ROCK, TX EXHIBIT - C NORTH. October 6, 2008 t i � SCALE: NTS UNIVERSITY VILLAGE ROUND ROCK, TX EXHIBIT - D NORTH October _ SCALE: NTS