R-2018-5394 - 4/26/2018 RESOLUTION NO. R-2018-5394
WHEREAS, the City of Round Rock ("City") and KR CC, Inc. entered into that certain
Ground Lease Agreement, dated as of December 20, 2016 and that certain First Amendment to Ground
Lease, dated as of February 1, 2017 (together, the "Ground Lease"), pursuant to which the City leases
to KR CC, Inc., and KR CC, Inc. leases from the City the real property described at Exhibit A-2
therein (the "Leased Premises"); and
WHEREAS, pursuant to the Ground Lease, the City and KR CC, Inc. desire to amend the
Ground Lease to (i) exclude certain real property consisting of approximately 9.518 acres of land and
known as the"Convention Center Lot"created as a separate parcel of land as Lot 2, Block"C", Final Plat
of Kalahari Resort and Replat of Bertil Telander Subdivision as described and depicted on Exhibit A
attached hereto from the Leased Premises; (ii)re-define the"Interest Rate" as defined in the Ground Lease
as defined in Section 1 of the Ground Lease; and (iii) clarify that KR CC, Inc. shall be responsible for all
maintenance and repairs required for the wastewater line which extends from and serves the Convention
Center Parcel,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 the Second
Amendment to Ground Lease Agreement, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that 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.
0112.1804;00399351
RESOLVED this 26th day of April, 2018.
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City of Round Rock, Texas
ATTEST.
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SARA L. WHITE, City Clerk
2
EXHIBIT
"A„
SECOND AMENDMENT TO GROUND LEASE AGREEMENT
This SECOND AMENDMENT TO GROUND LEASE AGREEMENT (this
"Amendment") is made and entered into as of , 2018 (the "Effective Date"),
between CITY OF ROUND ROCK, TEXAS, a home rule city and municipal corporation (the
"City"), and KR CC, INC., a Delaware corporation ("Tenant").
RECITALS
A. The City and Tenant entered into that certain Ground Lease Agreement, dated as
of December 20, 2016 and that certain First Amendment to Ground Lease, dated as of February
15 2017 (together, the "Ground Lease"), pursuant to which the City leases to Tenant, and Tenant
leases from the City the real property described at Exhibit A-2 therein (the "Leased Premises");
and
B. Pursuant to the Ground Lease, the City and Tenant desire to amend the Ground
Lease to (i) exclude certain real property consisting of approximately 9.518 acres of land and
known as the "Convention Center Lot" created as a separate parcel of land as Lot 2, Block "C",
Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision as described and depicted
on Exhibit A attached hereto from the Leased Premises; (ii) re-define the"Interest Rate"as defined
in the Ground Lease as defined in Section 1 of the Ground Lease; and (iii) clarify that Tenant shall
be responsible for all maintenance and repairs required for the wastewater line which extends from
and serves the Convention Center Parcel(the"Wastewater Line").
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged,the parties agree as follows:
1. Defined Terms. Terms utilized but not defined herein shall have the meanings set
forth in the Ground Lease.
2. Exclusion of Convention Center Lot. The Ground Lease is hereby amended such
that the Convention Center Lot is excluded from the Leased Premises.
3. Revised Leased Premises. The Ground Lease is hereby amended such that the
current Exhibit A-2 - Leased Premises of the Ground Lease, shall be deleted in its entirety and
replaced with the Exhibit A-2 - Leased Premises, attached hereto as Exhibit B.
4. Definitions. The following definitions in Section 1 of the Ground Lease are
amended and restated in their entirety as set forth below:
"Interest Rate" means the annual LIBOR Rate quoted by U.S. Bank National
Association from Reuters Screen LIBOR01 Page or any successor thereto, plus one
percent (1%). All interest to be paid pursuant to this Agreement shall be compounded
annually.
5. Maintenance and Repairs of Wastewater Line. Section 4.3 of the Ground Lease is
amended and restated in its entirety as follows:
"4.3 Maintenance and Repairs. During the Term of this Lease, Tenant shall
maintain the Property and the Leased Premises at Tenant's own expense, and
Tenant shall keep the Leased Premises in good condition and repair. Landlord
shall not be required to maintain or repair any portion of the Leased Premises or
any improvements located thereon. Tenant further acknowledges and agrees that
Tenant shall be solely responsible at Tenant's own expense for maintaining and
repairing the wastewater line which extends from and serves the Convention
Center Parcel, even if the City in the future no longer owns the Convention Center
Parcel."
6. Ratification. Except as amended hereby, the Ground Lease is hereby ratified and
remains in full force and effect.
7. Governing Law. This Amendment and the Ground Lease are governed by laws of
the State of Texas.
(Signatures appear on following pages)
2
IN WITNESS WHEREOF, the City and Tenant have entered in this Amendment as of
the day and year first above written.
CITY:
CITY OF ROUND ROCK, TEXAS
a home rule city and municipal corporation
By:
Craig Morgan, Mayor
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of , 2018,
by Craig Morgan, as Mayor of the CITY OF ROUND ROCK, TEXAS, a home rule city and
municipal corporation.
Notary Public
State of Texas
My Commission:
[Signature page to Second Amendment to Ground Lease Agreement]
TENANT:
KR CC,INC.
a Delaware corporation
By:
Todd Nelson, President
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the _ day of , 2018,
by Todd Nelson, as President of KR CC, INC., a Delaware corporation.
Notary Public
State of Wisconsin
My Commission:
[Signature page to Second Amendment to Ground Lease Agreement]
Exhibit A
Description and Depiction of Convention Center Lot
Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision,
recorded as Document Number in the office of the Clerk of
Williamson County, Texas.
Exhibit A to Second Amendment to Ground Lease
I
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i LOT 2
1 z BLOCK C
Y a Convention Center Lot
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J / BRUSHY CREEK
Exhibit A to Second Amendment to Ground Lease
Recording Requested By:
Michael Best & Friedrich LLP
One South Pinckney Street, Suite 700
Madison, Wisconsin 53703
Attention: Michael S. Green
MEMORANDUM OF SUBLEASE AND OPTION
This MEMORANDUM OF SUBLEASE AND OPTION (this "Amendment"), dated
as of L- , 2018 is entered into between KR CC, INC., a Delaware corporation
(the"Su landlord"), and KR ACQUISITIONS, LLC, a Delaware corporation("Subtenant").
RECITALS
A. The Sublandlord and Subtenant entered into that certain Sublease of Ground
Lease, Option to Take Assignment of Ground Lease, and Option to Purchase dated
1 L A0 , 2018 (the "Sublease"), pursuant to which the Sublandlord leases to Subtenant,
an Subtenant leases from the Sublandlord, for the Term (as such term is defined in the
Sublease) the real property described in Exhibit"A" attached hereto and incorporated herein by
reference (the "Leased Premises")
B. The Sublandlord and Subtenant desire to execute this Memorandum to provide
constructive notice of Subtenant's rights under the Sublease to all third parties.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the parties agree as follows:
1. Term. The Sublandlord has agreed to lease the Leased Premises to Subtenant for
the Term, which Term will end on the Expiration Date(as defined in the Sublease).
2. Sublease Terms. The sublease of the Leased Premises to Subtenant is pursuant to
the Sublease, which is incorporated into this Memorandum by reference.
3. Options. Subtenant shall have the option to purchase the Leased Premises and/or
take assignment of the Leased Premises from the Sublandlord (the "Options") upon and subject
to the terms and conditions set forth in the Sublease.
4. Assignment. Subtenant's ability to transfer its rights under the Sublease and to
sublease the Leased Premises is set forth in more detail in the Sublease.
5. Leasehold Mortgagee's Right to New Agreement. Subtenant's leasehold
mortgagees are granted certain rights and protections, including notice and cure rights with
respect to Subtenant's defaults and the right, under certain circumstances that result in the
termination of the Sublease, to require the Sublandlord to enter into a new lease with Subtenant's
senior leasehold mortgagee or its assignee, nominee or designee, all as set forth in more detail in
the Sublease.
6. Encumbrances. The Sublease prohibits Sublandlord from mortgaging or otherwise
encumbering Sublandlord's fee title interest in the Leasehold Premises with any mortgage, deed
of trust, security deed, deed to secure debt, or any other similar instrument or agreement
constituting a lien upon, or similarly encumbering, Sublandlord's fee title interest in the
Leasehold Premises.
7. Successors and Assigns. This Memorandum and the Sublease shall bind and
inure to the benefit of the parties and their respective heirs, successors and assigns, subject,
however, to the provisions of the Sublease.
8. Governing Law. This Memorandum and the Sublease are governed by Texas law.
(Signatures appear on following pages)
2
IN WITNESS WHEREOF, the Sublandlord and Subtenant have entered in this
Memorandum as of the day and year first above written.
SUBTENANT:
KR ACQUISITIONS,LLC
a Deli ar: li i• -s liability com tai y
By: 01 Grime Olt _ a4
Mar :on-�path, CFO, Secr: ary, and
Tr:.surer
ACKNOWLEDGMENT
STATE OF k,()t`S c otn ✓\ §
COUNTY OFrh-
This instrument was acknowledged before me on the 2$day of f �� , 2018,
by Mary Bonte Spath, as CFO, Secretary, and Treasurer of KR ACQUISITIONS, LLC, a
Delaware limited liability company.
otary Public QN GUgj``.�
State of Wisconsin �• '�'4'G�1,
y Commission: S .e f et ` . ►OTARY
*; —s— *
•+ PUBLIC
0• .. . 'C°;
FVJISO
[Signature page to Memorandum of Sublease]
SUBLANDLORD:
KR CC, INC.
a Delawa e •is oration
By. Q i1, lika4af
M. y v Spath, CF I Secretary, and
Tr-asur:r
ACKNOWLEDGMENT
STATE OF VOt5coa 5 v\ §
COUNTY OF 54-d(C
§
This instrument was acknowledged before me on they day of c , 2018,
by Mary Bonte Spath, as CFO, Secretary, and Treasurer of ' CC, Inc., a laware corporation.
otary Public
State of Wisconsin
My Commission: ). 5 reinio-e(",1
, .
NOTARY
PUBLIC *'
vpwi
[Signature page to Memorandum of Sublease]
Exhibit A
Leased Premises
OF A 351. 737 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON
COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
157 . 385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY
DEED OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 60 . 58
ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID
JOHNSON AND BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN
DOCUMENT NO. 2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME
BEING ALL OF LOT 9 OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME
13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL
OF THAT CERTAIN 155 . 589 ACRE TRACT OF LAND CONVEYED TO KEITH
KRIENKE AND MARK MEREDITH BY DEED OF RECORD IN DOCUMENT NO.
2006113854 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO
GREGORY CARTER BY DEED OF RECORD IN DOCUMENT NO. 2010072268 OF
SAID OFFICIAL PUBLIC RECORDS; AND ALSO LOT 1, OF THE BERTIL
TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE
PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AS CORRECTED BY
INSTRUMENT OF RECORD IN VOLUME 1419, PAGE 416 OF THE REAL PROPERTY
RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO DAVID
BOYLES BY DEED OF RECORD IN DOCUMENT NO. 2014059825 OF THE
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 351 . 737
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY
METES AND BOUNDS AS FOLLOWS:
PART 1 - 337 .295 ACRES
BEGINNING, at a 5/8-inch iron rod found in the southerly right-of-
way line of the Union Pacific Railroad (100' R.O.W. ) being the
northeasterly corner of said 157 . 385-acre tract, also being the
northwesterly corner of said 155 . 589-acre tract;
THENCE, N63°37 ' 28"E, leaving the northeasterly corner of said
157 . 385 acre tract, along the southerly right-of-way line of the
Union Pacific Railroad, for a portion of the northerly line
hereof, a distance of 2864 . 50 feet to a 1/2-inch iron rod with
"Baker Aicklen" cap found at the northwesterly corner of Lot 1,
Block A of Final Plat of Brushy Creek Regional Wastewater
Treatment Plant, a subdivision of record in Document No.
2007067173 of said Official Public Records, being the
northeasterly corner of said 155. 589 acre tract and hereof;
THENCE, leaving the southerly right-of-way line of the Union
Pacific Railroad, along the common line of said Lot 1 and said
155. 589-acre tract, for the easterly line hereof, the following
six (6) courses and distances :
1) S26°12 ' 00"E, a distance of 49. 99 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
Exhibit A to Memorandum of Sublease
2) N63°41 ' 06"E, a distance of 81. 63 feet to a 1/2-inch iron rod
with illegible cap found;
3) S03°33 ' 52"E, a distance of 1695. 07 feet to a 1/2-inch iron
rod with "LCRA" cap found;
4) N58°53 ' 53"E, a distance of 362 . 51 feet to a 1/2-inch iron rod
with "LCRA" cap found;
5) N58°35 ' 13"E, a distance of 245. 00 feet to a 1/2-inch iron rod
with "LCRA" cap found;
6) S02°28 ' 32"E, passing at a distance of 387 . 44 feet, a 1/2-inch
iron rod with "SURVCON INC" cap found, and continuing for a
total distance of 463 . 04 feet to a point in the center of
Brushy Creek, being in the northerly line of Lot 59, Block F
of Final Plat of Freeman Park Subdivision Phase I, of record
in Document No. 2015010846 of said Official Public Records,
also being the most southerly southwesterly corner of said
Lot 1, for the southeasterly corner hereof;
THENCE, leaving the most southerly southwesterly corner of said
Lot 1, along or near the center of Brushy Creek, with the
northerly line of said Lot 59; the northerly line of Lot 26, Block
B of Lake Forest III, Village III Revised, a subdivision of record
in Document No. 2004095851 of said Official Public Records; the
northerly line of Lot 43, Block E of Final Plat of Sonoma Section
9, a subdivision of record in Document No. 2004021881 of said
Official Public Records; and the northerly line of Lot 46, Block F
of Final Plat of Sonoma Section 11, a subdivision of record in
Document No. 2005000171 of said Official Public Records for a
portion of the southerly line hereof, the following twenty-three
(23) courses and distances:
1) S71°58 ' 01"W, a distance of 59. 92 feet to an angle point;
2) S66°40 ' 11"W, a distance of 90 . 58 feet to an angle point;
3) S49°32 ' 25"W, a distance of 78 . 88 feet to an angle point;
4) S40°47 ' 39"W, a distance of 82 . 04 feet to an angle point;
5) S23°37 ' 20"W, a distance of 81 . 79 feet to an angle point;
6) S28°52 ' 04"W, a distance of 110 . 18 feet to an angle point;
7) S36°12 ' 52"W, a distance of 282 . 02 feet to an angle point;
8) S38°03 ' 24"W, a distance of 84 . 64 feet to an angle point;
9) S47°37 ' 12"W, a distance of 329. 19 feet to an angle point;
10) S15°41 ' 16"E, a distance of 184 . 53 feet to an angle point;
Exhibit A to Memorandum of Sublease
11) S07°27 ' 39"E, a distance of 150 . 82 feet to an angle point;
12) S03°49' 27"W, a distance of 142 . 77 feet to an angle point;
13) S21°18 ' 06"W, a distance of 94 . 11 feet to an angle point;
14) S44°12 ' 01"W, a distance of 165. 58 feet to an angle point;
15) S69°51 ' 49"W, a distance of 215. 14 feet to an angle point;
16) S45°25 ' 49"W, a distance of 111 .25 feet to an angle point;
17) S26°29 ' 36"W, a distance of 94 . 25 feet to an angle point;
18) S31°48 ' 00"W, a distance of 125. 62 feet to an angle point;
19) S51°58 ' 20"W, a distance of 230. 16 feet to an angle point;
20) S61°55 ' 26"W, a distance of 477 . 59 feet to an angle point;
21) S54°23 ' 53"W, a distance of 144 . 42 feet to an angle point;
22) S40°28 ' 56"W, a distance of 383. 47 feet to an angle point;
23) S42°15 ' 33"W, a distance of 108 . 54 feet to the southeasterly
corner of said 60 . 58-acre tract, for an angle point hereof;
THENCE, leaving the westerly line of said 155 . 589-acre tract,
along or near the center of Brushy Creek, with the northerly line
of Lot 46 of said Sonoma Section 11 and the northerly line of Lot
46, Block F of Final Plat of Sonoma Section 12, a subdivision of
record in Document No. 2005000358 of said Official Public Records
for a portion of the southerly line hereof, the following five (5)
courses and distances :
1) S42°15 ' 33"W, a distance of 148 . 42 feet to an angle point;
2) S80°51 ' 11"W, a distance of 301. 01 feet to an angle point;
3) 583°08 ' 53"W, a distance of 200. 01 feet to an angle point;
4) 567°32 ' 04"W, a distance of 132 . 76 feet to an angle point;
5) 562°26' 47"W, a distance of 141 . 77 feet to the southeasterly
corner of said 157 . 385-acre tract, being the southwesterly
corner of said 60 . 58-acre tract, for an angle point hereof;
THENCE, leaving the southwesterly corner of said 60 . 58-acre tract,
along the approximate center of Brushy Creek, with the northerly
line of said Lot 46 and in part along the northerly line of that
certain 1. 764-acre tract of land conveyed to the Sublandlord of
Round Rock by deed of record in Document No. 2013056475 of said
Official Public Records, for the southerly line hereof, the
following four (4) courses and distances:
Exhibit A to Memorandum of Sublease
1) S70°10 ' 09"W, a distance of 138 . 30 feet to an angle point;
2) S58°52 ' 42"W, a distance of 700 . 00 feet to an angle point;
3) S67°52 ' 42"W, a distance of 240. 00 feet to an angle point;
4) S53°04 ' 42"W, a distance of 132 . 01 feet to a point in the
easterly right-of-way line of Kenney Fort Boulevard (R.O.W.
Varies) for the southwesterly corner hereof;
THENCE, leaving the approximate center of Brushy Creek and the
northerly line of said 1 . 764-acre tract, along the easterly right-
of-way line of Kenney Fort Boulevard, for a portion of the
westerly line hereof, the following nine (9) courses and
distances:
1) NO3°27 ' 14"W, passing at a distance of 100. 00 feet, a 1/2-inch
iron rod with "BURY" cap set for reference, and continuing
for a total distance of 492 . 81 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
2) N85°58 ' 17"E, a distance of 58 . 16 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
3) NO3°26' 15"W, a distance of 243. 69 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
4) N19°10 ' 44"W, a distance of 376. 64 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
5) N26°22 ' 35"W, a distance of 1454 . 98 feet to a 1/2-inch iron
rod with "Baker Aicklen" cap found;
6) N22°47 ' 26"W, a distance of 160 .27 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
7) N26°23 ' 34"W, a distance of 114 . 86 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
8) N23°12 ' 13"W, a distance of 254 . 74 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
9) NO2°18 ' 29"W, a distance of 323. 01 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found at the intersection of the
easterly right-of-way line of Kenney Fort Boulevard and the
southerly right-of-way line of the Union Pacific Railroad,
being in the northerly line of said 157 . 385-acre tract, for
the northwesterly corner hereof;
THENCE, N63°36 ' 45"E, leaving the easterly right-of-way line of
Kenney Fort Boulevard, along the southerly right-of-way line of
Exhibit A to Memorandum of Sublease
the Union Pacific Railroad, being the northerly line of said
157 . 385-acre tract for the northerly line hereof, a distance of
2121. 63 feet to the POINT OF BEGINNING, containing an area of
338 . 795 acres (14, 627, 230 square feet) of land, more or less, SAVE
AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND:
THAT CERTAIN 1. 50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND
LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO.
2006074399 OF SAID OFFICIAL PUBLIC RECORDS, TEXAS; SAID 1 . 50 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING, a 1/2-inch iron rod with "Baker Aicklen" cap found in
the southerly right-of-way line of the Union Pacific Railroad for
the northwesterly corner of Lot 1, Block A of said Final Plat of
Brushy Creek Regional Wastewater Treatment Plant of record, being
the northeasterly corner of said 155. 589-acre tract;
THENCE, S26°12 ' 00"E, leaving the southerly right-of-way line of
the Union Pacific Railroad, along the common line of said 155. 589-
acre tract and said Lot 1, a distance of 49. 99 feet to a 1/2-inch
iron rod with "Baker Aicklen" cap found;
THENCE, S03°34 ' 49"E, leaving the westerly line of said Lot 1, over
and across said 155. 589-acre tract, a distance of 291. 32 feet to a
1/2-inch iron rod with "Stan Coalter" cap found for the POINT OF
BEGINNING, being the northeasterly corner of said 1. 50-acre tract
and hereof;
THENCE, along the exterior lines of said 1. 50-acre tract for the
exterior lines hereof, the following four (4) courses and
distances:
1) S03°34 ' 49"E, a distance of 298 . 62 feet to a 1/2-inch iron rod
with "Stan Coalter" cap found for the southeasterly corner
hereof;
2) S74°24 ' 52"W, a distance of 244 . 97 feet to a 1/2-inch iron rod
with "Stan Coalter" cap found for the southwesterly corner
hereof;
3) N06°37 ' 52"E, a distance of 340 . 30 feet to a 1/2-inch iron rod
with "Stan Coalter" cap found for the northwesterly corner
hereof;
4) N81°44 ' 34"E, a distance of 179. 89 feet to the POINT OF
BEGINNING, containing an area of 1 . 500 acres (65, 357 square
feet) of land, leaving a TOTAL NET AREA OF 337.295 ACRES
(14, 692, 570 square feet) of land, more or less, within these
metes and bounds.
PART 2 - 0 .037 ACRES
Exhibit A to Memorandum of Sublease
BEGINNING, at a 1/2-inch iron rod with "Baker Aicklen" cap found
in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W.
Varies) , being in the common line of said 157 . 385-acre tract and
that certain 107 . 17-acre tract of land conveyed to John Bolt
Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said
Official Public Records and to The Hickox Family Living Trust by
deed of record in Document No. 2006053683 of said Official Public
Records, for the northwesterly corner hereof;
THENCE, S28°42 ' 41"E, leaving the easterly line of said 107 . 17-acre
tract, along the westerly right-of-way line of Kenney Fort
Boulevard for the northerly line hereof, a distance of 59. 01 feet
to a 1/2-inch iron rod with "Baker Aicklen" cap found for the
northerly corner of that certain 0 . 158-acre tract of land conveyed
to the Sublandlord of Round Rock by deed of record in Document No.
2011041098 of said Official Public Records for the northeasterly
corner hereof;
THENCE, leaving the westerly right-of-way line of Kenney Fort
Boulevard, with the northerly line of said 0. 158-acre tract for
the easterly and southerly lines hereof, the following two (2)
courses and distances :
1) S17°26' 31"W, a distance of 55. 47 feet to a 1/2-inch iron rod
with "SAM" cap found for the southeasterly corner hereof;
2) S63°37 ' 08"W, a distance of 8 . 52 feet to a 1/2-inch iron rod
with "BURY " cap set in the common line of said 107 . 17-acre
tract and said 157 . 385-acre tract for the southwesterly
corner hereof from which, a 1/2-inch iron rod with "SAM" cap
found for the apparent northwesterly corner of said 0 . 158-
acre tract as found bears, N76°15 ' 30"E, a distance of 0 . 67
feet;
THENCE, NO2°09 ' 44"W, leaving the northerly line of said 0 . 158-acre
tract, along the common line of said 107 . 17-acre tract and said
157 . 385-acre tract for the westerly line hereof, a distance of
108 . 54 feet to the POINT OF BEGINNING, containing an area of 0 . 037
acres (1, 602 square feet) of land, more or less, within these
metes and bounds.
PART 3 - 4 . 609 ACRES
COMMENCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found
in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W.
Varies) , being in the common line of said 157 . 385-acre tract and
that certain 107 . 17-acre tract of land conveyed to John Bolt
Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said
Official Public Records and to The Hickox Family Living Trust by
deed of record in Document No. 2006053683 of said Official Public
Records, for the northwesterly corner hereof;
THENCE, S02°09 ' 44"E, leaving the westerly right-of-way line of
Kenney Fort Boulevard, along the common line of said 107 . 17 acre
Exhibit A to Memorandum of Sublease
tract and said 157 . 385 acre tract, a distance of 196. 31 feet to a
1/2-inch iron rod with "BURY" cap set in the southerly line of
that certain 0 . 158 acre tract of land conveyed to the Sublandlord
of Round Rock by deed of record in Document No. 2011041098 of said
Official Public Records for the POINT OF BEGINNING, being the
northwesterly corner hereof from which, a 1/2-inch iron rod with
"SAM" cap found for the apparent southwesterly corner of said
0 . 158 acre tract as found bears, N63°02 ' 14"E, a distance of 0 . 70
feet;
THENCE, leaving the easterly line of said 107 . 17-acre tract, with
the southerly line of said 0 . 158-acre tract for the northerly line
hereof, the following two (2) courses and distances:
1) N63°33 ' 51"E, a distance of 47 . 01 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
2) S71°12 ' 55"E, a distance of 56. 50 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found in the westerly right-of-way
line of Kenney Fort Boulevard, being the southeasterly corner
of said 0. 158-acre tract, for the northeasterly corner
hereof;
THENCE, S26°22 ' 11"E, leaving the southeasterly corner of said
0 . 158-acre tract, over and across said 157 . 385-acre tract, along
the westerly right-of-way line of Kenney Fort Boulevard for the
easterly line hereof, a distance of 695 . 06 feet to a 1/2-inch iron
rod found for the northeasterly corner of that certain 0 . 864-acre
tract of land conveyed to the Sublandlord of Round Rock by deed of
record in Document No. 2011041098 of said Official Public Records
for the southeasterly corner hereof;
THENCE, leaving the westerly right-of-way line of Kenney Fort
Boulevard, with the northerly line of said 0. 864-acre tract for
the southerly line hereof, the following two (2) courses and
distances:
1) 518°36' 13"W, a distance of 56. 47 feet to a 1/2-inch iron rod
found;
2) S63°36' 13"W, a distance of 395. 45 feet to a 1/2-inch iron rod
with "BURY " cap set in the common line of said 107 . 17-acre
tract and said 157 . 385-acre tract for the southwesterly
corner hereof from which, a 1/2-inch iron rod found for the
apparent northwesterly corner of said 0 . 864-acre tract as
found bears, N58°21 ' 23"E, a distance of 1 . 69 feet;
THENCE, NO2°09 ' 44"W, leaving the northerly line of said 0 . 864-acre
tract, along the common line of said 107 . 17-acre tract and said
157 . 385-acre tract for the westerly line hereof, a distance of
849. 94 feet to the POINT OF BEGINNING, containing an area of 4 . 609
acres (200, 777 square feet) of land, more or less, within these
metes and bounds.
Exhibit A to Memorandum of Sublease
PART 4 - 9.796 ACRES
COMMENCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found
in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W.
Varies) , being in the common line of said 157 . 385-acre tract and
that certain 107 . 17-acre tract of land conveyed to John Bolt
Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said
Official Public Records and to The Hickox Family Living Trust by
deed of record in Document No. 2006053683 of said Official Public
Records, for the northwesterly corner hereof;
THENCE, S02°09 ' 44"E, leaving the westerly right-of-way line of
Kenney Fort Boulevard, along the common line of said 107 . 17 acre
tract and said 157 . 385 acre tract, a distance of 1133. 82 feet to a
1/2-inch iron rod with "BURY" cap set in the southerly line of
that certain 0 . 864 acre tract of land conveyed to the Sublandlord
of Round Rock by deed of record in Document No. 2011041098 of said
Official Public Records for the POINT OF BEGINNING, being the
northwesterly corner hereof from which, a 1/2-inch iron rod with
"SAM" cap found for the apparent southwesterly corner of said
0 . 864 acre tract as found bears, N62°52 ' 19"E, a distance of 1 . 77
feet;
THENCE, leaving the easterly line of said 107 . 17-acre tract, with
the southerly line of said 0. 864-acre tract for the northerly line
hereof, the following two (2) courses and distances :
1) N63°36' 57"E, a distance of 431. 40 feet to a 1/2-inch iron rod
found;
2) S71°27 ' 38"E, a distance of 56. 40 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found in the westerly right-of-way
line of Kenney Fort Boulevard, being the southeasterly corner
of said 0. 864-acre tract, for the northeasterly corner
hereof;
THENCE, leaving the southeasterly corner of said 0 . 864-acre tract,
along the westerly right-of-way line of Kenney Fort Boulevard for
the easterly line hereof, the following four (4) courses and
distances :
1) S26°22 ' 09"E, a distance of 250 . 82 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found at the point of curvature of a
non-tangent curve to the right;
2) Along said non-tangent curve to the right, having a radius of
1441 . 72 feet, a central angle of 12°09 ' 39", an arc length of
306. 00 feet, and a chord which bears, S21°15 ' 08"E, a distance
of 305. 42 feet to a 1/2-inch iron rod with "Baker Aicklen"
cap found at the end of said curve;
3)
4) S00°08 ' 16"E, a distance of 360.25 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
Exhibit A to Memorandum of Sublease
5) S16°10 ' 46"W, a distance of 165. 87 feet to a 1/2-inch iron rod
with "SAM" cap found for the most northerly northeasterly
corner of that certain 12. 1-acre tract of land conveyed to
the Sublandlord of Round Rock by deed of record in Document
No. 2013049009 of said Official Public Records for the
southeasterly corner hereof;
THENCE, S88°41 ' 51"W, leaving the westerly right-of-way line of
Kenney Fort Boulevard, along the northerly line of said 12 . 1-acre
tract for the southerly line hereof, a distance of 267 . 19 feet to
a 1/2-inch iron rod with "Baker Aicklen" cap found in the easterly
line of that certain 4 . 42-acre tract of land conveyed to Thomas P.
Elrod Et. Ux. By deed of record in Document No. 1813, Page 540 of
said Official Public Records, being the westerly line of said
157 . 385-acre tract, also being the most northerly northwesterly
corner of said 12 . 1-acre tract for the southwesterly corner
hereof;
THENCE, N01°23 ' 35"W, leaving the northerly line of said 12 . 1-acre
tract, along the common line of said 157 . 385-acre tract and said
4 . 42-acre tract for a portion of the westerly line hereof, a
distance of 498 . 34 feet to a 1/2-inch iron rod found for the
northeasterly corner of said 4 . 42-acre tract;
THENCE, S89°11 ' 33"W, along the irregular westerly line of said
157 . 385-acre tract and the northerly line of said 4 . 42-acre tract,
passing at a distance of 319. 72 feet, a 1/2-inch iron rod found
for the northwesterly corner of said 4 . 42-acre tract, and
continuing for a total distance of 323 . 61 feet to a 1/2-inch iron
rod found in the common line of said 157 . 385-acre tract and said
107 . 17-acre tract for the southwesterly corner hereof;
THENCE, NO2°09' 44"W, along the common line of said 157 . 385-acre
tract and said 107 . 17-acre tract for a portion of the westerly
line hereof, a distance of 367 . 85 feet to the POINT OF BEGINNING,
containing an area of 9. 796 acres (426, 728 square feet) of land,
more or less, within these metes and bounds .
BEARING BASIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS
TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83 (96) ,
UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE
STATION (CORS) NETWORK.
LESS AND EXCEPT, Lot 2, Block "C", Final Plat of Kalahari Resort
and Replat of Bertil Telander Subdivision, recorded 41A-A as
Document Number 1.0140 .5.52A1 in the office of the Clerk of
Williamson County, Texas, which is approximately 9. 518 acres .
Exhibit A to Memorandum of Sublease