Contract - KR CC, Inc. - 4/26/2018 (2) 1
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Space above this line reserved for recorder
MASTER EASEMENT AGREEMENT
THIS MASTER EASEMENT AGREEMENT (this "Agreement"), is entered into
effective as of this 'd day of L.. , 2018, between THE CITY OF ROUND
ROCK, TEXAS, a municipal corpor tion of the State of Texas and a home rule city located in
Williamson County, Texas, ("CITY") and KR CC, INC., a Delaware corporation ("KR") (City
and KR, each, a"Party,"collectively, the "Parties.")
RECITALS:
A. The Parties entered into that one certain Master Development Agreement
("Master Development Agreement") on the 15th day of December, 2016 regarding the terms
and conditions for the planning, design, construction, development, and financing of a Kalahari
Resort and Convention Center
B. KR is the ground lessee of a portion (such portion, the "Ground Leased
Premises") of certain real property owned by the City and located in the City of Round Rock,
Williamson County, Texas, pursuant to that certain Ground Lease Agreement between KR and
the City, dated December 20, 2016, as amended by that certain First Amendment to Ground
Lease Agreement dated February 1, 2017,and as further amended by that certain Second
Amendment to Ground Lease dated (. (collectively, the "Ground Lease"), a
memorandum of which is recorded in the Official Public Records with the County Clerk of
Williamson County, Texas as Document No. 2017001677, with a First Amendment to
Memorandum of Lease and Option recorded as Document No. 2017011039, and with a Second
Amendment to Lease recorded as Document No. 210_54+- . The Ground Leased
Premises is more fully described on the attached Exhibit A.
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C. City also owns Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of
Bertil Telander Subdivision (the "Convention Center Lot") on which City will construct the
Convention Center. The City will lease the Convention Center to KR pursuant to that certain
Convention Center Operating Lease between City and KR dated -i, a(the
``Convention Center Operating Lease"), a memorandum of which is recorded in the Official
Public Records with the County Clerk of Williamson County, Texas as Document No.
24122 03
D. Pursuant to the terms of the Ground Lease, KR intends to construct and operate
the Kalahari Resort which will be attached to the Convention Center to function as part of the
Kalahari Resort.
E. KR and the City join in executing this Agreement in order to provide access,
utility, and other easements specified herein to the Lobby and common areas of the Kalahari
Resort and Convention Center.
NOW THEREFORE, the Parties agree as follows:
1. Definitions. Capitalized terms not defined herein shall have the meaning
assigned to them by the Master Development Agreement and/or the Ground Lease.
2. Grant of Easements.
(a) Access Easement to Kalahari Resort Common Areas and Lobby. KR hereby
grants and conveys an easement to the City, for use by the City and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees,
agents, customers, licensees and invitees of such tenants, for the benefit of the Convention
Center, a perpetual nonexclusive easement for ingress and egress by pedestrian traffic, over and
across: the corridors, entrances, lobbies and public restrooms, and all other common area spaces
(to the extent open to the public) located within the Kalahari Resort (the "Kalahari Resort
Common Areas"). Anything contained herein to the contrary notwithstanding, and subject only
to Section 3 herein, KR shall have the right to redevelop, relocate, modify and otherwise change
the location, configuration, capacity and all other attributes of the Kalahari Resort Common
Areas from time-to-time as KR shall determine in its sole discretion, subject to compliance with
applicable law and the Ground Lease.
(b) Access Easement to Convention Center. City hereby grants and conveys to KR
and its tenants, contractors, employees, agents, customers, licensees and invitees, and the
subtenants, contractors, employees, agents, customers, patients, licensees and invitees of such
tenants, for the benefit of the Kalahari Resort, a perpetual easement and right-of-way over,
through, under, and across those portions of the Convention Center Lot as may be reasonably
necessary for the construction, maintenance and operation of the Kalahari Resort, including, but
not limited to, the right to physically attach the Kalahari Resort to the Convention Center in
accordance with the plans and specifications previously provided to and approved by the City
and access to all parking areas located on the Convention Center Lot, subject to the terms and
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conditions set forth herein. General access to the Convention Center Lot and Convention Center
for KR and its tenants, contractors, employees, agents, customers, licensees and invitees, and the
subtenants, contractors, employees, agents, customers, patients, licensees and invitees of such
tenants is also separately provided by the Convention Center Operating Lease.
(c) Utility Easements.
i. City hereby grants and conveys to KR and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, licensees and invitees of such tenants, for the benefit of
the Kalahari Resort, a perpetual nonexclusive easement over and across the Convention
Center Lot for the installation, use, operation, right to connect and attach to, maintenance,
repair, replacement and removal of. water lines and systems; telephone and/or
cablevision lines and systems; gas lines and systems; sanitary sewer lines and systems;
electrical lines and systems; storm sewers, drainage lines and systems; and other utility
lines or systems hereafter developed (the "KR Utility Facilities"), in each case serving
the Kalahari Resort. City agrees to reasonably cooperate with KR to the extent KR needs
or desires to relocate or expand the KR Utility Facilities in order to serve the Kalahari
Resort.
ii. KR hereby grants and conveys to City and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, licensees and invitees of such tenants, for the benefit of
the Convention Center Lot, a perpetual nonexclusive easement over and across the
Kalahari Resort for the installation, use, operation, right to connect and attach to,
maintenance, repair, replacement and removal of. water lines and systems; telephone
and/or cablevision lines and systems; gas lines and systems; sanitary sewer lines and
systems; electrical lines and systems; storm sewers, drainage lines and systems; and other
utility lines or systems hereafter developed (the "City Utility Facilities"), in each case
serving the Convention Center Lot. KR agrees to reasonably cooperate with City to the
extent City needs or desires to relocate or expand the City Utility Facilities in order to
serve the Convention Center Lot.
(d) Parking and Drive Aisles Easement.
i. City hereby grants and conveys to KR and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, patients, licensees and invitees of such tenants, for the
benefit of the Kalahari Resort, a perpetual nonexclusive easement over and across the
Convention Center Lot now or in the future configured for or as vehicular and pedestrian
access and vehicular parking, including, without limitation, all parking lots, all access
drives to and from the public right-of-way, all circulation isles and all sidewalks for
pedestrian ingress and egress, all located on the area depicted on Exhibit B for the
Permitted Common Area Uses (as defined below) (which exhibit the City and KR may
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mutually agree to substitute by amendment to further depict the Permitted Common Use
Areas).
ii. KR hereby grants and conveys to City and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, patients, licensees and invitees of such tenants, for the
benefit of the Convention Center Lot, a perpetual nonexclusive easement over and across
the Kalahari Resort now or in the future configured for or as vehicular and pedestrian
access and vehicular parking, including, without limitation, all parking lots, all access
drives to and from the public right-of-way, all circulation isles and all sidewalks for
pedestrian ingress and egress, all as depicted on Exhibit C, for the Permitted Common
Area Uses.
iii. As used herein, "Permitted Common Area Uses" shall mean the
use, on an unallocated, first-come first-serve basis, for the parking of automobiles, trucks,
motorcycles, and vans, for pedestrian access, and for the location of dumpsters and other
facilities and equipment necessary and affiliated with the operation of the Kalahari Resort
and Convention Center, as applicable, and such use shall comply in all material respects
with all laws, statutes, codes, ordinances, orders, judgments, decrees, injunctions, rules,
regulations, permits, and licenses, and rules promulgated by City from time-to-time
applicable to all users of the Convention Center and Kalahari Resort.
(e) Subterranean Easements. City and KR each hereby dedicate an easement to the
other, for use by City, KR, and their respective tenants, contractors, employees, agents,
customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers,
patients, licensees and invitees of such tenants, for the benefit of the Convention Center and the
Kalahari Resort, a perpetual nonexclusive easement for ingress and egress by pedestrian traffic,
over and across the subterranean areas and rights underlying the Convention Center Lot and the
Kalahari Resort, whether such subterranean areas are located under or as part of the Kalahari
Resort and/or under portion(s) underlying the Convention Center.
2. Protection and Operation of Easement Areas.
(a) KR shall have the right to take such steps as it deems necessary to prevent
those persons not authorized by this Agreement to use the Kalahari Resort Common Areas from
using the Kalahari Resort Common Areas for ingress and egress. KR shall have the right to state
and enforce operating policies, rules and regulations which govern the day-to-day use and
occupancy of the Kalahari Resort Common Areas, provided, however, such operating policies,
rules and regulations shall not conflict with the provisions of this Agreement.
(b) City shall have the right to take such steps as it deems necessary to prevent
those persons not authorized by this Agreement to use the Convention Center Lot from using the
Convention Center Lot for ingress and egress. City shall have the right to state and enforce
operating policies, rules and regulations which govern the day-to-day use and occupancy of the
Convention Center Lot, provided, however, such operating policies, rules and regulations shall
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not conflict with the provisions of this Agreement or with the rights afforded to KR under the
Ground Lease.
3. Reasonable Rules and Regulations. KR shall have the right to promulgate
reasonable rules, restrictions, and regulations governing the use, maintenance, operation, and
enjoyment of the portion of KR's ground leased property subject to this Agreement, so long as
the rules, restrictions, and regulations are of general applicability and do not unreasonably
interfere with the easement rights granted hereunder. Any rules, restrictions, and regulations
applicable to the Convention Center shall be set forth between the City and KR in the Ground
Lease or the Convention Center Lease, respectively, and the Parties acknowledge and agree that
such rules, restrictions, and regulations are of general applicability and do not unreasonably
interfere with the easement rights granted hereunder.
4. No Barriers. Neither party shall do anything to interfere unreasonably with the
use of the Easements granted under Section 1 by permitted users. No curbs, barriers, fences,
dividers or other obstructions shall be constructed on or across the Easements granted under
Section 1 to prevent, prohibit, impede or discourage the free and uninterrupted flow of foot,
vehicular, and other permitted pedestrian traffic or to reduce the number of parking spaces
provided within the Easements granted under Section 1. The foregoing does not apply to
Reasonable Rules and Regulations permitted by Section 3 of this Agreement or to speed bumps,
speed limit signs, and the like.
5. Covenants Run with Land. All of the terms and conditions in this Agreement,
including the benefits and burdens, shall run with the land and shall be binding upon, inure to the
benefit of, and be enforceable by the Parties and their successors and assigns. The easements
granted under Section 1 of this Agreement are easements appurtenant to each property and may
not be transferred separately from, or severed from, title to each property. Furthermore, the
benefits of the easements granted under this Agreement shall not be extended to any properties
other than the properties without the consent of the Parties.
6. Encumbers Fee Simple Estate and Leasehold Estate. For the avoidance of
doubt, this Agreement encumbers the fee simple estate the City owns as to the Ground Leased
Premises and the Convention Center Lot, as well as the leasehold estate in which KR has an
interest under the Ground Lease.
7. Successors and Assigns. This Agreement and the easement declared and created
herein shall inure to the benefit of and be binding upon the City and KR, their successors,
assigns, and mortgagees, provided, however, that the specific Parties and each of their respective
successors and assigns shall cease to have further liability under this Agreement with respect to
facts or circumstances first arising after the Party has transferred its entire interest in its Property,
except, however, for obligations that accrued during the party's period of ownership of title or
occupancy of the Ground Leased Premises.
8. Iniunctive Relief. In the event of any violation or threatened violation by any
person of any of the Restrictions contained in this Agreement, either Party shall have the right to
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enjoin such violation or threatened violation in a court of competent jurisdiction. The right of
injunction shall be in addition to all other remedies set forth in this Agreement or provided by
law.
9. Amendment. This Agreement may not be changed except by a written document
executed and acknowledged by the Parties and duly recorded in the Official Public Records with
the County Clerk of Williamson County, Texas.
10. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift
or dedication of any portion of the Convention Center or the Kalahari Resort to the general
public or for the general public or for any public purpose whatsoever, it being the intention of the
City and KR that this Agreement shall be strictly limited to and for the purposes herein
expressed.
11. Breach Shall Not Permit Termination. It is expressly agreed that no breach of
this Agreement shall entitle any Party to terminate this Agreement, but such limitation shall not
affect in any manner any other rights or remedies which such Party may have hereunder by
reason of any breach of this Agreement. Any breach of this Agreement shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith for value, but this Agreement
shall be binding upon and be effective against any Party whose title is acquired by foreclosure,
trustee's sale or otherwise. This Agreement and the easements hereunder will terminate only
upon the expiration or termination of the Ground Lease.
12. Default. A person shall be deemed to be in default of this Agreement only upon
the expiration of thirty(30) days (ten (10) days in the event of failure to pay money) from receipt
of written notice from any party specifying the particulars in which such person has failed to
perform the obligations of this Agreement unless such person, prior to the expiration of said
thirty (30) days (ten (10) days in the event of failure to pay money), has rectified the particulars
specified in said notice of default. However, such person shall not be deemed to be in default if
such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period
and such person is using good faith and its best efforts to rectify the particulars specified in the
notice of default.
13. Notices.
(a) All notices given pursuant to this Agreement shall be in writing and shall
be given by personal delivery, by United States mail or by United States express mail or other
established express delivery service (such as Federal Express), postage or delivery charges
prepaid, return receipt requested, addressed to the person and address designated below or, in the
absence of such designation, to the person and address shown on the local real property tax rolls.
All notices to the City and KR shall be sent to the person and address set forth below:
To the City: c/o City of Round Rock
Attn: City Manager
221 E. Main Street
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Round Rock, Texas 78664
With required copy to: Sheets & Crossfield, P.C.
Attn: Stephan L. Sheets, Esq.
309 E. Main Street
Round Rock, TX 78664
To KR: Attention: Mary Bonte Spath
KR CC, Inc.
1305 Kalahari Drive
Wisconsin Dells, WI 53965
With a required copy to: Michael S. Green
Michael Best& Friedrich LLP
One South Pinckney Street, Suite 700
Madison, WI 53703
The person and address to which notices are to be given may be changed at any time by
any party upon written notice to the other party. All notices given pursuant to this Agreement
shall be deemed given upon receipt.
(b) For the purpose of this Agreement, the term "receipt" shall mean the
earlier of any of the following: (i) the date of delivery of the notice or other document to the
address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date
of actual receipt of the notice or other document by the person or entity specified pursuant to this
Section, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other
document, the earlier of(A) the date of the attempted delivery or refusal to accept delivery, (B)
the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or
notice of non-delivery by the sending party.
14. Waiver. The failure of a person to insist upon strict performance of any of the
covenants contained herein shall not be deemed a waiver of any rights or remedies that said
person may have, and shall not be deemed a waiver of any subsequent breach or default in the
performance of any of the covenants contained herein by the same or any other person.
15. Attorney's Fees. In the event any Party initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover from the losing party in any such action or
proceeding its reasonable costs and reasonable attorney's and paralegal's fees (including its
reasonable costs and attorneys' and paralegals' fees on any appeal).
16. Severability. Of any term or provision of this Agreement or the application of it
to any person or circumstance shall 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
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than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term
and provision of this Agreement shall be valid and shall be enforced to the extent permitted by
law.
17. Not a Partnership. The provisions of this Agreement are not intended to create,
nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or
any other similar relationship between the Parties.
18. Third Party Beneficiary Rights. This Agreement is not intended to create, nor
shall it be in any way interpreted or construed to create, any third party beneficiary rights in any
person not a party hereto unless otherwise expressly provided herein.
19. Captions and Headings. The captions and headings in this Agreement are for
reference only and shall not be deemed to define or limit the scope or intent of any of the terms,
covenants, conditions or agreements contained herein.
20. Construction. In construing the provisions of this Agreement and whenever the
context so requires, the use of a gender shall include all other genders, the use of the singular
shall include the plural, and the use of the plural shall include the singular.
21. Joint and Several Obligations. In the event any party hereto is composed of
more than one person, the obligations of said party shall be joint and several.
22. Recordation. This Agreement shall be recorded in the Official Public Records
with the County Clerk of Williamson County, Texas.
23. Non-Merger. Ownership of more than one Parcel by the same Party shall not
result in the merger of the dominant and servient estates of such Party created by this Agreement.
EXECUTED as of the day and year first above written.
[Signatures pages follow.]
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KR CC, INC.,
a Delaware corporation
Ofv"A
By: 7 ,� .V,4--��
Todd Nelson, President
ACKNOWLEDGEMENT
STATE OF ')Ascov2G<<y\ §
COUNTY OF Sam - §
This instrument was acknowledged before me on the day of , 2018, by
Todd Nelson, the President of KR CC, Inc., a Delaware corporation, n behalf of said
corporation.
�QN", GU/y��G
NOTARY
[SEAL] PUBLIC
r,
Notary lic—State of J,,L)ts c opvc-
My Commission ,
12�' L k �".�F1�"
f �°��/ \ Printed ame of Notary
[Signature Page to Master Easement Agreement]
CONSENT OF CITY AS GROUND LESSOR UNDER THE GROUND LEASE AND
AGREEMENT OF CITY AS OWNER CONVENTION CENTER LOT:
THE CITY OF ROUND ROCK, TEXAS,
a municipal corporation of the State of Texas and a home
rule city located in Williamson County, Texas
By:-
Will Peckham, Mayor Pro-Tem
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the ' o day of p- L- , 2018, by
Will Peckham, the Mayor Pro-Tem of the City of Round Rock, Texas, a municipal corporation
of the State of Texas and a home rule city located in Williamson County, Texas, on behalf of
said municipal corporation and home rule city.
I if
[S E A L] �����►��iiii�i���i
\\��N cow :� W��TF %i, Notary Public— State of Texas
`� SPRY PUB�i%
Printed Name of Notary
CO
My Commission Expires:
[Signature Page to Master Easement Agreement]
EXHIBIT A
DESCRIPTION OF THE GROUND 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, N63037 ' 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) S26012 ' 00"E, a distance of 49. 99 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
[Exhibit A to Master Easement Agreement]
2) N63041 ' 06"E, a distance of 81 . 63 feet to a 1/2-inch iron rod
with illegible cap found;
3) S0303352"E, a distance of 1695. 07 feet to a 1/2-inch iron
rod with "LCRA" cap found;
4) N58053' 53"E, a distance of 362 .51 feet to a 1/2-inch iron rod
with "LCRA" cap found;
5) N58035' 13"E, a distance of 245 . 00 feet to a 1/2-inch iron rod
with "LORA" cap found;
6) S02028 ' 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) S71058 ' 01"W, a distance of 59. 92 feet to an angle point;
2) S66040 ' 11"W, a distance of 90. 58 feet to an angle point;
3) S49032 ' 25"W, a distance of 78 . 88 feet to an angle point;
4) S40047 ' 39"W, a distance of 82 . 04 feet to an angle point;
5) S23037 ' 20"W, a distance of 81 .79 feet to an angle point;
6) S28052 ' 04"W, a distance of 110. 18 feet to an angle point;
7) S36012 ' 52"W, a distance of 282 . 02 feet to an angle point;
8) S38003 ' 24"W, a distance of 84 . 64 feet to an angle point;
9) S47037 ' 12"W, a distance of 329. 19 feet to an angle point;
10) S15041 ' 16"E, a distance of 184 . 53 feet to an angle point;
[Exhibit A to Master Easement Agreement]
11) S07027 ' 39"E, a distance of 150. 82 feet to an angle point;
12) S03049'27"W, a distance of 142 .77 feet to an angle point;
13) S21018106"W, a distance of 94 . 11 feet to an angle point;
14) S44012 ' 01"W, a distance of 165. 58 feet to an angle point;
15) S69051 ' 49"W, a distance of 215. 14 feet to an angle point;
16) S4502549"W, a distance of 111.25 feet to an angle point;
17) S26029' 36"W, a distance of 94 .25 feet to an angle point;
18) S31048 ' 00"W, a distance of 125. 62 feet to an angle point;
19) S51058 ' 20"W, a distance of 230. 16 feet to an angle point;
20) S61055'26"W, a distance of 477 . 59 feet to an angle point;
21) S54023 ' 53"W, a distance of 144 . 42 feet to an angle point;
22) S40028 ' 56"W, a distance of 383. 47 feet to an angle point;
23) S42015 ' 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) S42015 ' 33"W, a distance of 148 . 42 feet .to an angle point;
2) S80051 ' 11"W, a distance of 301. 01 feet to an angle point;
3) S83008 ' 53"W, a distance of 200. 01 feet to an angle point;
4) S67032 ' 04"W, a distance of 132 . 76 feet to an angle point;
5) S62026' 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 City 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 Master Easement Agreement]
1) S70010' 09"W, a distance of 138 .30 feet to an angle point;
2) S58052 ' 42"W, a distance of 700. 00 feet to an angle point;
3) S67052 ' 42"W, a distance of 240. 00 feet to an angle point;
4) S53004 ' 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) N85058117"E, a distance of 58 . 16 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
3) NO3026' 15"W, a distance of 243. 69 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
4) N19010144"W, a distance of 376. 64 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
5) N2602235"W, a distance of 1454 . 98 feet to a 1/2-inch iron
rod with "Baker Aicklen" cap found;
6) N22047 ' 26"W, a distance of 160.27 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
7) N26023' 34"W, a distance of 114 . 86 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
8) N23012 ' 13"W, a distance of 254 .74 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
9) NO2018 ' 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, N63036' 45"E, leaving the easterly right-of-way line of
Kenney Fort Boulevard, along the southerly right-of-way line of
[Exhibit A to Master Easement Agreement]
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:
COIMNCING, 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, S26012 ' 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, S03034 ' 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) S03034 ' 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) S74024 ' 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) N06037 ' 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) N81044 ' 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 Master Easement Agreement]
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, S2804241"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 City 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) S17026' 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) S63037 ' 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, NO2009' 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
COINIlENCING, 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, S02009' 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 Master Easement Agreement]
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 City 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) N63033' 51"E, a distance of 47 . 01 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
2) S71012 ' 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, S26022 ' 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 City 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) S18036' 13"W, a distance of 56. 47 feet to a 1/2-inch iron rod
found;
2) S63036' 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, N58021 '23"E, a distance of 1 . 69 feet;
THENCE, NO2009' 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 Master Easement Agreement]
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, S02009144"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 City 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, N62052 ' 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) N63036' 57"E, a distance of 431 .40 feet to a 1/2-inch iron rod
found;
2) S71027 ' 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) S26022 ' 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, S21015 ' 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) S00008 ' 16"E, a distance of 360 .25 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
4) S16010 ' 46"W, a distance of 165 .87 feet to a 1/2-inch iron rod
[Exhibit A to Master Easement Agreement]
with "SAM" cap found for the most northerly northeasterly
corner of that certain 12 . 1-acre tract of land conveyed to
the City of Round Rock by deed of record in Document No.
2013049009 of said Official Public Records for the
southeasterly corner hereof;
THENCE, S88041 ' 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, N01023 ' 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, S89011 ' 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, NO2009' 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.
[Exhibit A to Master Easement Agreement]
EXHIBIT B
LEGAL 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 B to Master Easement Agreement]
0
W LOT 2
z
z BLOCK C
C�
Convention oCenterLot
I.
BRUSHY CREEK
[Exhibit B to Master Easement Agreement]
EXHIBIT C
LEGAL DESCRIPTION AND DEPICTION OF KALAHARI RESORT
LU
LOT I
BLOCK
Kalahari Resort Area
BRUSHY CREEK
[Exhibit C to Master Easement Agreement]
ELECTRONICALLY RECORDED 2018035809
Williamson County, Texas Total Pages: 23
Space above this line reserved for recorder
MASTER EASEMENT AGREEMENT
THIS MASTER EASEMENT AGREEMENT (this "Agreement"), is entered into
effective as of this 4 day of L-. , 2018, between THE CITY OF ROUND
ROCK, TEXAS, a municipal corpor tion of the State of Texas and a home rule city located in
Williamson County, Texas, ("CITY") and KR CC, INC., a Delaware corporation ("KR") (City
and KR, each, a"Party," collectively,the "Parties.")
RECITALS:
A. The Parties entered into that one certain Master Development Agreement
("Master Development Agreement") on the 15th day of December, 2016 regarding the terms
and conditions for the planning, design, construction, development, and financing of a Kalahari
Resort and Convention Center
B. KR is the ground lessee of a portion (such portion, the "Ground Leased
Premises") of certain real property owned by the City and located in the City of Round Rock,
Williamson County, Texas, pursuant to that certain Ground Lease Agreement between KR and
the City, dated December 20, 2016, as amended by that certain First Amendment to Ground
Lease Agreement dated February 1, 2017,and as further amended by that certain Second
Amendment to Ground Lease dated L 2,b (collectively, the "Ground Lease"), a
memorandum of which is recorded in t e Official Public Records with the County Clerk of
Williamson County, Texas as Document No. 2017001677, with a First Amendment to
Memorandum of Lease and Option recorded as Document No. 2017011039, and with a Second
Amendment to Lease recorded as Document No. 24100 . The Ground Leased
Premises is more fully described on the attached Exhibit A.
2018035809 Page 2 of 23
C. City also owns Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of
Bertil Telander Subdivision (the "Convention Center Lot") on which City will construct the
Convention Center. The City will lease the Convention Center to KR pursuant to that certain
Convention Center Operating Lease between City and KR dated /194/..1420n-(the
"Convention Center Operating Lease"), a memorandum of which is recorded in the Official
Public Records with the County Clerk of Williamson County, Texas as Document No.
20I2,03S .
D. Pursuant to the terms of the Ground Lease, KR intends to construct and operate
the Kalahari Resort which will be attached to the Convention Center to function as part of the
Kalahari Resort.
E. KR and the City join in executing this Agreement in order to provide access,
utility, and other easements specified herein to the Lobby and common areas of the Kalahari
Resort and Convention Center.
NOW THEREFORE, the Parties agree as follows:
1. Definitions. Capitalized terms not defined herein shall have the meaning
assigned to them by the Master Development Agreement and/or the Ground Lease.
2. Grant of Easements.
(a) Access Easement to Kalahari Resort Common Areas and Lobby. KR hereby
grants and conveys an easement to the City, for use by the City and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees,
agents, customers, licensees and invitees of such tenants, for the benefit of the Convention
Center, a perpetual nonexclusive easement for ingress and egress by pedestrian traffic, over and
across: the corridors, entrances, lobbies and public restrooms, and all other common area spaces
(to the extent open to the public) located within the Kalahari Resort (the "Kalahari Resort
Common Areas"). Anything contained herein to the contrary notwithstanding, and subject only
to Section 3 herein, KR shall have the right to redevelop, relocate, modify and otherwise change
the location, configuration, capacity and all other attributes of the Kalahari Resort Common
Areas from time-to-time as KR shall determine in its sole discretion, subject to compliance with
applicable law and the Ground Lease.
(b) Access Easement to Convention Center. City hereby grants and conveys to KR
and its tenants, contractors, employees, agents, customers, licensees and invitees, and the
subtenants, contractors, employees, agents, customers, patients, licensees and invitees of such
tenants, for the benefit of the Kalahari Resort, a perpetual easement and right-of-way over,
through, under, and across those portions of the Convention Center Lot as may be reasonably
necessary for the construction, maintenance and operation of the Kalahari Resort, including, but
not limited to, the right to physically attach the Kalahari Resort to the Convention Center in
accordance with the plans and specifications previously provided to and approved by the City
and access to all parking areas located on the Convention Center Lot, subject to the terms and
-2 -
2018035809 Page 3 of 23
conditions set forth herein. General access to the Convention Center Lot and Convention Center
for KR and its tenants, contractors, employees, agents, customers, licensees and invitees, and the
subtenants, contractors, employees, agents, customers, patients, licensees and invitees of such
tenants is also separately provided by the Convention Center Operating Lease.
(c) Utility Easements.
i. City hereby grants and conveys to KR and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, licensees and invitees of such tenants, for the benefit of
the Kalahari Resort, a perpetual nonexclusive easement over and across the Convention
Center Lot for the installation, use, operation, right to connect and attach to, maintenance,
repair, replacement and removal of: water lines and systems; telephone and/or
cablevision lines and systems; gas lines and systems; sanitary sewer lines and systems;
electrical lines and systems; storm sewers, drainage lines and systems; and other utility
lines or systems hereafter developed (the "KR Utility Facilities"), in each case serving
the Kalahari Resort. City agrees to reasonably cooperate with KR to the extent KR needs
or desires to relocate or expand the KR Utility Facilities in order to serve the Kalahari
Resort.
ii. KR hereby grants and conveys to City and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, licensees and invitees of such tenants, for the benefit of
the Convention Center Lot, a perpetual nonexclusive easement over and across the
Kalahari Resort for the installation, use, operation, right to connect and attach to,
maintenance, repair, replacement and removal of: water lines and systems; telephone
and/or cablevision lines and systems; gas lines and systems; sanitary sewer lines and
systems; electrical lines and systems; storm sewers, drainage lines and systems; and other
utility lines or systems hereafter developed (the "City Utility Facilities"), in each case
serving the Convention Center Lot. KR agrees to reasonably cooperate with City to the
extent City needs or desires to relocate or expand the City Utility Facilities in order to
serve the Convention Center Lot.
(d) Parking and Drive Aisles Easement.
i. City hereby grants and conveys to KR and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, patients, licensees and invitees of such tenants, for the
benefit of the Kalahari Resort, a perpetual nonexclusive easement over and across the
Convention Center Lot now or in the future configured for or as vehicular and pedestrian
access and vehicular parking, including, without limitation, all parking lots, all access
drives to and from the public right-of-way, all circulation isles and all sidewalks for
pedestrian ingress and egress, all located on the area depicted on Exhibit B for the
Permitted Common Area Uses (as defined below) (which exhibit the City and KR may
- 3 -
2018035809 Page 4 of 23
mutually agree to substitute by amendment to further depict the Permitted Common Use
Areas).
ii. KR hereby grants and conveys to City and its tenants, contractors,
employees, agents, customers, licensees and invitees, and the subtenants, contractors,
employees, agents, customers, patients, licensees and invitees of such tenants, for the
benefit of the Convention Center Lot, a perpetual nonexclusive easement over and across
the Kalahari Resort now or in the future configured for or as vehicular and pedestrian
access and vehicular parking, including, without limitation, all parking lots, all access
drives to and from the public right-of-way, all circulation isles and all sidewalks for
pedestrian ingress and egress, all as depicted on Exhibit C, for the Permitted Common
Area Uses.
iii. As used herein, "Permitted Common Area Uses" shall mean the
use, on an unallocated, first-come first-serve basis, for the parking of automobiles,trucks,
motorcycles, and vans, for pedestrian access, and for the location of dumpsters and other
facilities and equipment necessary and affiliated with the operation of the Kalahari Resort
and Convention Center, as applicable, and such use shall comply in all material respects
with all laws, statutes, codes, ordinances, orders, judgments, decrees, injunctions, rules,
regulations, permits, and licenses, and rules promulgated by City from time-to-time
applicable to all users of the Convention Center and Kalahari Resort.
(e) Subterranean Easements. City and KR each hereby dedicate an easement to the
other, for use by City, KR, and their respective tenants, contractors, employees, agents,
customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers,
patients, licensees and invitees of such tenants, for the benefit of the Convention Center and the
Kalahari Resort, a perpetual nonexclusive easement for ingress and egress by pedestrian traffic,
over and across the subterranean areas and rights underlying the Convention Center Lot and the
Kalahari Resort, whether such subterranean areas are located under or as part of the Kalahari
Resort and/or under portion(s) underlying the Convention Center.
2. Protection and Operation of Easement Areas.
(a) KR shall have the right to take such steps as it deems necessary to prevent
those persons not authorized by this Agreement to use the Kalahari Resort Common Areas from
using the Kalahari Resort Common Areas for ingress and egress. KR shall have the right to state
and enforce operating policies, rules and regulations which govern the day-to-day use and
occupancy of the Kalahari Resort Common Areas,provided, however, such operating policies,
rules and regulations shall not conflict with the provisions of this Agreement.
(b) City shall have the right to take such steps as it deems necessary to prevent
those persons not authorized by this Agreement to use the Convention Center Lot from using the
Convention Center Lot for ingress and egress. City shall have the right to state and enforce
operating policies, rules and regulations which govern the day-to-day use and occupancy of the
Convention Center Lot, provided, however, such operating policies, rules and regulations shall
-4 -
2018035809 Page 5 of 23
not conflict with the provisions of this Agreement or with the rights afforded to KR under the
Ground Lease.
3. Reasonable Rules and Regulations. KR shall have the right to promulgate
reasonable rules, restrictions, and regulations governing the use, maintenance, operation, and
enjoyment of the portion of KR's ground leased property subject to this Agreement, so long as
the rules, restrictions, and regulations are of general applicability and do not unreasonably
interfere with the easement rights granted hereunder. Any rules, restrictions, and regulations
applicable to the Convention Center shall be set forth between the City and KR in the Ground
Lease or the Convention Center Lease, respectively, and the Parties acknowledge and agree that
such rules, restrictions, and regulations are of general applicability and do not unreasonably
interfere with the easement rights granted hereunder.
4. No Barriers. Neither party shall do anything to interfere unreasonably with the
use of the Easements granted under Section 1 by permitted users. No curbs, barriers, fences,
dividers or other obstructions shall be constructed on or across the Easements granted under
Section 1 to prevent, prohibit, impede or discourage the free and uninterrupted flow of foot,
vehicular, and other permitted pedestrian traffic or to reduce the number of parking spaces
provided within the Easements granted under Section 1. The foregoing does not apply to
Reasonable Rules and Regulations permitted by Section 3 of this Agreement or to speed bumps,
speed limit signs, and the like.
5. Covenants Run with Land. All of the terms and conditions in this Agreement,
including the benefits and burdens, shall run with the land and shall be binding upon, inure to the
benefit of, and be enforceable by the Parties and their successors and assigns. The easements
granted under Section 1 of this Agreement are easements appurtenant to each property and may
not be transferred separately from, or severed from, title to each property. Furthermore, the
benefits of the easements granted under this Agreement shall not be extended to any properties
other than the properties without the consent of the Parties.
6. Encumbers Fee Simple Estate and Leasehold Estate. For the avoidance of
doubt, this Agreement encumbers the fee simple estate the City owns as to the Ground Leased
Premises and the Convention Center Lot, as well as the leasehold estate in which KR has an
interest under the Ground Lease.
7. Successors and Assigns. This Agreement and the easement declared and created
herein shall inure to the benefit of and be binding upon the City and KR, their successors,
assigns, and mortgagees, provided, however, that the specific Parties and each of their respective
successors and assigns shall cease to have further liability under this Agreement with respect to
facts or circumstances first arising after the Party has transferred its entire interest in its Property,
except, however, for obligations that accrued during the party's period of ownership of title or
occupancy of the Ground Leased Premises.
8. Injunctive Relief. In the event of any violation or threatened violation by any
person of any of the Restrictions contained in this Agreement, either Party shall have the right to
- 5 -
2018035809 Page 6 of 23
enjoin such violation or threatened violation in a court of competent jurisdiction. The right of
injunction shall be in addition to all other remedies set forth in this Agreement or provided by
law.
9. Amendment. This Agreement may not be changed except by a written document
executed and acknowledged by the Parties and duly recorded in the Official Public Records with
the County Clerk of Williamson County, Texas.
10. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift
or dedication of any portion of the Convention Center or the Kalahari Resort to the general
public or for the general public or for any public purpose whatsoever, it being the intention of the
City and KR that this Agreement shall be strictly limited to and for the purposes herein
expressed.
11. Breach Shall Not Permit Termination. It is expressly agreed that no breach of
this Agreement shall entitle any Party to terminate this Agreement, but such limitation shall not
affect in any manner any other rights or remedies which such Party may have hereunder by
reason of any breach of this Agreement. Any breach of this Agreement shall not defeat or render
invalid the lien of any mortgage or deed of trust made in good faith for value, but this Agreement
shall be binding upon and be effective against any Party whose title is acquired by foreclosure,
trustee's sale or otherwise. This Agreement and the easements hereunder will terminate only
upon the expiration or termination of the Ground Lease.
12. Default. A person shall be deemed to be in default of this Agreement only upon
the expiration of thirty(30) days (ten (10) days in the event of failure to pay money) from receipt
of written notice from any party specifying the particulars in which such person has failed to
perform the obligations of this Agreement unless such person, prior to the expiration of said
thirty (30) days (ten (10) days in the event of failure to pay money), has rectified the particulars
specified in said notice of default. However, such person shall not be deemed to be in default if
such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period
and such person is using good faith and its best efforts to rectify the particulars specified in the
notice of default.
13. Notices.
(a) All notices given pursuant to this Agreement shall be in writing and shall
be given by personal delivery, by United States mail or by United States express mail or other
established express delivery service (such as Federal Express), postage or delivery charges
prepaid, return receipt requested, addressed to the person and address designated below or, in the
absence of such designation, to the person and address shown on the local real property tax rolls.
All notices to the City and KR shall be sent to the person and address set forth below:
To the City: do City of Round Rock
Attn: City Manager
221 E. Main Street
- 6 -
2018035809 Page 7 of 23
Round Rock, Texas 78664
With required copy to: Sheets& Crossfield, P.C.
Attn: Stephan L. Sheets, Esq.
309 E. Main Street
Round Rock, TX 78664
To KR: Attention: Mary Bonte Spath
KR CC, Inc.
1305 Kalahari Drive
Wisconsin Dells, WI 53965
With a required copy to: Michael S. Green
Michael Best& Friedrich LLP
One South Pinckney Street, Suite 700
Madison, WI 53703
The person and address to which notices are to be given may be changed at any time by
any party upon written notice to the other party. All notices given pursuant to this Agreement
shall be deemed given upon receipt.
(b) For the purpose of this Agreement, the term "receipt" shall mean the
earlier of any of the following: (i) the date of delivery of the notice or other document to the
address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date
of actual receipt of the notice or other document by the person or entity specified pursuant to this
Section, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other
document, the earlier of(A) the date of the attempted delivery or refusal to accept delivery, (B)
the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or
notice of non-delivery by the sending party.
14. Waiver. The failure of a person to insist upon strict performance of any of the
covenants contained herein shall not be deemed a waiver of any rights or remedies that said
person may have, and shall not be deemed a waiver of any subsequent breach or default in the
performance of any of the covenants contained herein by the same or any other person.
15. Attorney's Fees. In the event any Party initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover from the losing party in any such action or
proceeding its reasonable costs and reasonable attorney's and paralegal's fees (including its
reasonable costs and attorneys' and paralegals' fees on any appeal).
16. Severability. Of any term or provision of this Agreement or the application of it
to any person or circumstance shall 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
- 7 -
2018035809 Page 8 of 23
than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term
and provision of this Agreement shall be valid and shall be enforced to the extent permitted by
law.
17. Not a Partnership. The provisions of this Agreement are not intended to create,
nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or
any other similar relationship between the Parties.
18. Third Party Beneficiary Rights. This Agreement is not intended to create, nor
shall it be in any way interpreted or construed to create, any third party beneficiary rights in any
person not a party hereto unless otherwise expressly provided herein.
19. Captions and Headings. The captions and headings in this Agreement are for
reference only and shall not be deemed to define or limit the scope or intent of any of the terms,
covenants, conditions or agreements contained herein.
20. Construction. In construing the provisions of this Agreement and whenever the
context so requires, the use of a gender shall include all other genders, the use of the singular
shall include the plural, and the use of the plural shall include the singular.
21. Joint and Several Obligations. In the event any party hereto is composed of
more than one person,the obligations of said party shall be joint and several.
22. Recordation. This Agreement shall be recorded in the Official Public Records
with the County Clerk of Williamson County, Texas.
23. Non-Merger. Ownership of more than one Parcel by the same Party shall not
result in the merger of the dominant and servient estates of such Party created by this Agreement.
EXECUTED as of the day and year first above written.
[Signatures pages follow.]
- 8 -
2018035809 Page 9 of 23
KR CC,INC.,
a Delaware corporation
?
By 7ICA_
Todd Nelson, President
ACKNOWLEDGEMENT
STATE OF tcovt r,
COUNTY OF
1.-7 t'k
This instrument was acknowledged before me on the \? day of ® , 2018, by
Todd Nelson, the President of KR CC, Inc., a Delaware corporation, kbn behalf of said
corporation.
•
.....
NOTARY ;
mar
:w
"t. PUBLIC
[S E A L] I cps%
C./Z".„-,.°°°°•••••ee.," Notary lic—State of ut...ksovt.Gic-
‘‘,
My Commission Bpire3:
r.5. err?eki 4 Printed ame of Notary
[Signature Page to Master Easement Agreement]
2018035809 Page 10 of 23
CONSENT OF CITY AS GROUND LESSOR UNDER THE GROUND LEASE AND
AGREEMENT OF CITY AS OWNER CONVENTION CENTER LOT:
THE CITY OF ROUND ROCK, TEXAS,
a municipal corporation of the State of Texas and a home
rule city located in Williamson County, Texas
Will Peckham, Mayor Pro-Tern
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the 20 day of j' , 2018, by
Will Peckham, the Mayor Pro-Tern of the City of Round Rock, Texas, a municipal corporation
of the State of Texas and a home rule city located in Williamson County, Texas, on behalf of
said municipal corporation and home rule city.
(DW[S E A L] ®®`1►+t►►►uur►p®®®® r "
®�®®®® P®®®Y®p ®T `®®®®,®® Notary Public®State of Texas
•
agr-ct . 111-ti-Lt
r
• I Printed Name of Notary
Q .
®•.!dFOFS .. ®`
®�® •: 12659g)% • ®®®®.
®®%T/RES 7-11-k o• My Commission Expires:
[Signature Page to Master Easement Agreement]
2018035809 Page 11 of 23
EXHIBIT A
DESCRIPTION OF THE GROUND 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:
P -T 1 - 337.295 A. S
BEGI ING, 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;
▪ CE, 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;
T +a+ CE, 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 Master Easement Agreement]
2018035809 Page 12 of 23
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;
TeDi CE, 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 '25W, 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 Master Easement Agreement]
2018035809 Page 13 of 23
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) 521°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°25749"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;
CE, 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) S83°08 ' 53"W, a distance of 200.01 feet to an angle point;
4) S67°32 ' 04"W, a distance of 132. 76 feet to an angle point;
5) S62°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;
CE, 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 City 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 Master Easement Agreement]
2018035809 Page 14 of 23
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;
T 1,4 CE, 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°1213"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;
TID4 CE, 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 Master Easement Agreement]
2018035809 Page 15 of 23
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, SA
CEPT To - -OM THE FOLLOWING - .CT OF D :
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:
COliNCING, 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;
TIN CE, 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;
TIN CE, S03°34149"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
BEGI ING, being the northeasterly corner of said 1. 50-acre tract
and hereof;
TIN CE, 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 TOT. NET 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 Master Easement Agreement]
2018035809 Page 16 of 23
BEGI ING, 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;
T CE, 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 City of Round Rock by deed of record in Document No.
2011041098 of said Official Public Records for the northeasterly
corner hereof;
Taai CE, 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;
T CE, 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.
P. -T 3 - 4. 609 A - S
C. I NCING, 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;
ToalCE, 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 Master Easement Agreement]
2018035809 Page 17 of 23
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 City of
Round Rock by deed of record in Document No. 2011041098 of said
Official Public Records for the POINT OF BEG ING, 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;
T1D4 CE, 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;
T CE, S26°2211"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 City of Round Rock by deed of record
in Document No. 2011041098 of said Official Public Records for the
southeasterly corner hereof;
TIN CE, 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) S18°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;
T134 CE, 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 Master Easement Agreement]
2018035809 Page 18 of 23
P—T 4 - 9.796 ACRES
C. [ 1,4 CING, 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;
T1D4 CE, 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 City of
Round Rock by deed of record in Document No. 2011041098 of said
Official Public Records for the POINT OF BEG ING, 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;
TID4 CE, 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;
TeDi CE, 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) S00°08 ' 16"E, a distance of 360 .25 feet to a 1/2-inch iron rod
with "Baker Aicklen" cap found;
4) S16°10' 46"W, a distance of 165.87 feet to a 1/2-inch iron rod
[Exhibit A to Master Easement Agreement]
2018035809 Page 19 of 23
with "SAM" cap found for the most northerly northeasterly
corner of that certain 12 . 1-acre tract of land conveyed to
the City of Round Rock by deed of record in Document No.
2013049009 of said Official Public Records for the
southeasterly corner hereof;
T1D4 CE, 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;
TID4 CE, 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;
TID4 CE, 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;
TLA CE, 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 BEGI ING,
containing an area of 9.796 acres (426, 728 square feet) of land,
more or less, within these metes and bounds.
ING : . SIS: 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.
[Exhibit A to Master Easement Agreement]
2018035809 Page 20 of 23
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF CONVENTION CENTER LOT
Lot 2, Block "C", Final Plat of Kalahari Resort and Replat of Bertil Telander Subdivision,
recorded - l 3.-1;It as Document Number 2o1bp363¢9 in the office of the Clerk of
Williamson County, Texas.
[Exhibit B to Master Easement Agreement]
2018035809 Page 21 0123
0\-‘"
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LOT 2
BLOCK C
Convention Center Lot
BRUSHY CREEK
[Exhibit B to Master Easement Agreement]
2018035809 Page 22 of 23
EXHIBIT C
LEGAL ESC PTI N AND DEPICTION OF KALAII• ' RESORT
s
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Y LOT1
BLOCK C
Kalahari Resort Area
BRUSHY CREEK
[Exhibit C to Master Easement Agreement]
2018035809 Page 23 of 23
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018035809
Pages: 23 Fee: $105.00
04/30/2018 11 :32 AM
,
,If. i�� •I .l v ���
Nancy E. Rister,County Clerk
Williamson County,Texas