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R-2014-1348 - 4/24/2014RESOLUTION NO. R-2014-1348 WHEREAS, the Brushy Creek Regional Utility Authority ("BCRUA") has negotiated with the Lower Colorado River Authority ("LCRA") for the purchase of a portion of Sandy Creek Park ("Property") for the construction of a deep water intake pumping station, and WHEREAS, the City of Round Rock desires to approve and authorize the BCRUA to execute the purchase agreement between the BCRUA and the LCRA for the purchase of said Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Council hereby approves and authorizes the BCRUA to execute the Real Property Interest Purchase Agreement Between LCRA and BCRUA, a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April, 2014. rh ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1304; 00296765 EXHIBIT „/A„ REAL PROPERTY INTEREST PURCHASE AGREEMENT BETWEEN LCRA AND BCRUA 1.685 acre fee simple; 0.802 acre TCE; two subsurface easements of 0.898 and 2.656 acres THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONTRACT (hereinafter 'Purchase Contract") WITNESSETH that the LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district of the State of Texas (hereinafter "LCRA"), for good and valuable consideration, the receipt of which is hereby acknowledged, and for the mutual promises contained herein, agrees to grant, sell, and convey in fee simple that tract of land described in Exhibit "A," a temporary construction easement in that tract of land described in Exhibit "B," and a subsurface easement in those tracts of land described in Exhibits "C" and "D" to the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a regional utility situated in Williamson County, Texas, (hereinafter "BCRUA"), and BCRUA agrees to purchase, said tract and real property interests for the consideration and subject to the terms herein stated, as follows: Fee Simple Parcel: All that certain tract, piece or parcel of land, lying and being situated in Travis County, State of Texas, described in Exhibit "A," attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Temporary Construction Easement: All that certain tract, piece or parcel of land, lying and being situated in Travis County, State of Texas, described in Exhibit "B," attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Subsurface Easement A: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, State of Texas, described in Exhibit "C," attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Subsurface Easement B: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, State of Texas, described in Exhibit "D" attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Total Price. FOUR HUNDRED FIFTEEN THOUSAND NINE HUNDRED ONE AND No/100 DOLLARS ($415,901.00) total shall be paid by BCRUA (including $408,701.00 to LCRA and $7200.00 to the County (defined below)) for fee simple title to the Fee Simple Parcel, for the Temporary Construction Easement, and for Subsurface Easements A and B, and for which no lien or encumbrances, expressed or implied, including current taxes, will be retained. The TOTAL PRICE shall be inclusive of all land and any improvements situated thereon, except as otherwise explicitly provided herein. Closing. LCRA and BCRUA will finalize this purchase by Closing on or before April 30, 2014, which date is hereinafter referred to as the Closing or Closing Date. The Closing shall occur at Gracy Title Company, 1903 Cypress Creek Road, Suite 102, Cedar Park, Texas 78613. The Closing Date may be amended upon written agreement between LCRA and BCRUA. Travis County Lease. LCRA and BCRUA mutually acknowledge that the Fee Simple Parcel, Temporary Construction Easement, Subsurface Easement A and Subsurface Easement B are at the time of this Agreement all either wholly or partially under lease to Travis County, Texas (the "County"), for park purposes. Notwithstanding anything herein contained to the contrary, it is a condition precedent to BCRUA's obligations under this contract that LCRA amend its lease with Travis County to exclude the Fee Simple Parcel, and that Travis County consent to the Temporary Construction Easement, Subsurface Easement A, and Subsurface Easement B. LCRA and BCRUA further mutually acknowledge and agree that the County has agreed to acceptthe total sum of SEVEN THOUSAND TWO HUNDRED and no/100 DOLLARS ($7,200.00) ("County's Payment") as total and complete consideration for the County's assent in all regards to this Agreement, and that LCRA agrees and understands the County's Payment is to be disbursed to the County at or before Closing from the Total Price. Special Warranty Deed. LCRA shall deliver to BCRUA at Closing a duly executed and acknowledged Special Warranty Deed in substantially the form and substance as set out in Exhibit "E" attached hereto and incorporated herein. BCRUA agrees to prepare the Special Warranty Deed in substantially the form set out in Exhibit "E" at no expense to LCRA and to pay the costs of title insurance and any applicable Closing costs associated with all aspects of this Agreement. Temporary Construction Easement. LCRA shall deliver to BCRUA at Closing a duly executed and acknowledged Temporary Construction Easement in substantially the form and substance as set out in Exhibit "F" attached hereto and incorporated herein. BCRUA agrees to prepare the Temporary Construction Easement in substantially the form set out in Exhibit "F" at no expense to LCRA. Subsurface Easement. LCRA shall deliver to BCRUA at Closing a duly executed and acknowledged Subsurface Easement for Subsurface Easement A and Subsurface Easement B in substantially the form and substance as set out in Exhibit "G" attached hereto and incorporated herein. BCRUA agrees to prepare the Subsurface Easement in substantially the form set out in Exhibit "G" at no expense to LCRA. Additional Covenants Related to Fee Simple Parcel. BCRUA acknowledges that the Fee Simple Parcel is adjacent to parkland and near residential areas and agrees 2 that with respect to the construction and operation of improvements on the Fee Simple Parcel, BCRUA shall be mindful of the sensitive nature of these neighboring land uses. In particular, BCRUA agrees as follows: Noise levels. At no time other than initial construction, start-up or maintenance activities shall the sound pressure level of any operation or plant on the Fee Simple Parcel exceed 65 decibels as measured at any given property line of the Fee Simple Parcel. The parties acknowledge that sound levels will likely exceed 65 decibels during initial construction an/or during certain maintenance activities but that during normal operation this restriction shall apply. Light pollution. Except as provided below, all exterior lighting installed on the Fee Simple Parcel shall be directed to the area where the light is needed, and shall be shielded from other areas including neighboring tracts and the sky. BCRUA shall use no more than the minimum amount of lighting needed to accomplish the purpose during normal operations and regular maintenance for which it is installed. All exterior lighting shall be turned off when not needed, either manually or through use of motion or other sensors. The parties acknowledge that during initial construction and/or during performance of emergency maintenance of the pumping station that additional lighting may or will be necessary and that the provisions of this paragraph are intended to apply to normal operations and regular maintenance. Survival. The provisions of this paragraph shall survive the closing of the transaction contemplated herein, and shall be binding on BCRUA and any successor owner of the Fee Simple Parcel. Payment. BCRUA agrees to pay to LCRA, upon delivery of the properly executed instruments of conveyance described herein, the above-described Total Price. Entire Agreement. The Purchase Contract supersedes any and all other agreements either oral or written between LCRA and BCRUA with respect to the Fee Simple Tract, the Temporary Construction Easement, Subsurface Easement A and Subsurface Easement B. Formal Approval. LCRA and BCRUA agree that this contract is subject to formal approval of BCRUA and the City Councils of the City of Round Rock, Texas, the City of Leander, Texas, and the City of Cedar Park, Texas. Effective Date. This Purchase Contract shall be effective upon the last date indicated below. 3 OWNER: LOWER COLORADO RIVER AUTHORITY By: Fredrick E. Crawford, Manager, Real Estate Services Date BUYER: BRUSHY CREEK REGIONAL UTILITY AUHORITY By: Mitch Fuller President, BCRUA Date EXHIBIT " 4 METES AND BOUNDS DESCRIPTION OF A 1.685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS BEING A 1.685 ACRE (73,385 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS; SAID 1.685 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED); AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA), AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 1.685 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set for the easternmost southeast corner of the herein described tract, same marking the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R.O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE, departing the westerly R.O.W. line of said Lime Creek Road, with the southerly line of said 91.548 acre lease tract, over and across said LCRA 2,352.66 acre tract, the following three (3) courses and distances: 1) (Ll) South 62 degrees 01 minutes 46 seconds West, a distance of 108.65 feet to a 1/2 -inch iron rod with "Wallace cap" set for an angle point of the herein described tract; 2) (L2) South 12 degrees 37 minutes 51 seconds West, a distance of 37.71 feet to a 1/2 -inch iron rod with "Wallace cap" set for an angle point of the herein described tract; 3) (L3) South 27 degrees 58 minutes 14 seconds East, a distance of 32.37 feet to a 3 -inch galvanized fence post for an angle point of the herein described tract, said point being on the northerly line of that certain called 2.73 acre tract of land described as a Right -Of -Way Easement to Cedar Park Water Supply Corporation, as recorded in Volume 4898, Page 1247, D.R.T.C.T.; THENCE, (L4) South 62 degrees 01 minutes 46 seconds West, with the common southerly line of said 91.548 acre lease tract and the northerly line of said 2.73 acre tract, and continuing over and across said LCRA 2,352.66 acre tract, a distance of 39.38 feet to a cut "X" in concrete set for the southernmost corner of said 91.548 acre lease tract and the herein described tract, same marking the northwest corner of said 2.73 acre tract; THENCE, (L5) North 85 degrees 17 minutes 18 seconds West, with the southerly line of said 91.548 acre lease tract, and continuing over and across said LCRA 2,352.66 acre tract, a distance of 21.94 feet to a 1/2 - inch iron rod with "Wallace cap" set for the southwest corner of the herein described tract, and from which a 1/2 -inch iron rod found and as called for in the field notes for said 91.548 acre lease tract bears North 85 degrees 17 minutes 18 seconds West, at a distance of 189.41 feet; Page 1 of 3 Exhibit "j" (continued) Description of a 1.685 acre tract THENCE, departing the southerly line of said 91.548 acre lease tract, and continuing over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, the following two (2) courses and distances: 1) North 16 degrees 54 minutes 28 seconds West, a distance of 456.30 feet to a 1/2 -inch iron rod with "Wallace cap" set for the northwest comer of the herein described tract; 2) North 73 degrees 05 minutes 32 seconds East, a distance of 194.05 feet to a 1/2 -inch iron rod with "Wallace cap" set for the northeast corner of the herein described tract and being on a non -tangent curve to the left, said point also being on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road, and from which a Travis County aluminum disc found and as called for in the field notes for said 91.548 acre lease tract bears North 08 degrees 45 minutes 26 seconds East, at a chord distance of 389.74 feet; THENCE, with the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road, and continuing over and across said LCRA 2,352.66 acre tract, the following two (2) courses and distances: 1) In a Southerly direction, 154.01 feet along the arc of said curve to the left, having a radius of 815.47 feet, a central angle of 10 degrees 49 minutes 15 seconds, and a chord bearing and distance of South 10 degrees 28 minutes 49 seconds East — 153.78 feet to a Travis County aluminum disc found and as called for in the field notes for said 91.548 acre lease tract for a corner of the herein described tract; 2) South 17 degrees 13 minutes 40 seconds East, a distance of 218.59 feet to the POINT OF BEGINNING and containing 1.685 acres (73,385 square feet) of land, more or less, based on the survey and drawing made by The Wallace Group, Inc., Round Rock, Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4600 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. aniel M. F aherty, R.P.L.S. #5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 22951-FN01.doc Page 2 of 3 M EXHIBIT "A_" DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 1.685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO •RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A .DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS LEGEND • = FOUND 1/2"IRON ROD (UNLESS OTHERWISE NOTED) = FOUND TRANS COUNTY ALUMINUM DISC O = 1/2" IRON R00 MTh ORANGE PLASTIC CAP STAMPED "WALLACE GROUP" SET (UNLESS OTHERWISE NOTED) D.R.T.C.T. = DEED RECORDS, TRAVIS COUNTY, TEXAS z.z 7•� 00 0l0 • CALLED 2.352.66 ACRES 'D LOWER COLORADO RIVER AUTHORITY di VOLUME 1168, PAGE 120 D.R.T.C.T. ai 0N9 A Alf 130' �E06�As .i�E� $Asp��is G01i C0� 1+►` CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIEW NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED) BEING A PORTION OF CALLED 2,352.66 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 D.R.T.C.T. 2 $; 0' a APPROXIMATE LOCATION--/"... OF SURVEY UNE N 08'45'26' E - 389.74' 6= 10'4915" R= 615.47' L= 154.01' C= 153.78' CB= S 10'28'49" E CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. 5 1713'40" E - 218.59' o' FIELD NOTE POINT OF BEGINNING GRID N: 10,141.879.6043 GRID E: 3,061,278.0499 N 8517'18- W 189.41' L5 CUT "X" SET 3'• FENCE POST PORTION OF CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. GENERAL NOTES: 1.) AU. PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS. EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. 3.) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANED BY A METES & BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NA083) WHICH IS BASED ON LEICA'S CENTRAL TEXAS CPS COOPERATIVE CORS RTK NETWORK. 6.) COORDINATES SHOWN ARE GRID AND DISTANCES SHOWN ARE SURFACE. NUMBER DIRECTION DISTANCE LT S 62'01'46" W 108.65' L2 S 12'37'51" W 37.71' L3 S 27'55'14" E 32.37' L4 S 62'01'46" W 39.38' L5 N 8517'18" W 21.94' L6 S 67'24'35" E 59.72' L7 N 74'03'27" E 59.88' TBPE F-54 The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers ■ Architects to Planners a Surveyors Waco * Killeen * Dallas * Round Rock I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE 6111 DAY OF AUGUST . 2013. SURVEYED: 06-25-2013 SCALE AN EL F'LAHERTY RPLS NQr-CQD' 4 3 OF 3 4,0 PLAT NO. A-4600 cDR DATE 08-06-2013 DRAWN BY TAB (9 2013 ALL RIGHTS RESERVED WORK ORDER NO. 22951 FIELDBOOK/PG. 178/23 TAB # A-4600 DIGITAL FILE 22951R—SITE 8 PARCELS F/N # 22951—FNO1 p) CO co a CTS\22951 R-3D 0 a_ EXHIBIT "11" DRAWING OF A TEMPORARY CONSTRUCTION EASEMENT (0.802 ACRE) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS L LgOA 6A •3 COs Z la!rtExAA11'1 11.iN 0zGDS . L 16 a 1RAv15 1 a GAe S 73'05'32" W 53.06' *46O o_ a. CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED) BEING A PORTION OF CALLED 2,352.66 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 D.R.T.C.T. 01,6156 1 Al ABs`tgs cD� 4` 0 0 cz C.,- C.) ac COCO 04 N '° CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. STRUC110N EASEMENT 0.802 LEGEND • = FOUND 1/2" IRON ROD (UNLESS OTHERWISE NOTED) ®= FOUND TRANS COUNTY ALUMINUM DISC O = 1/Y IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP" SET D.R.T.C.T. = DEED RECORDS, TRAVIS COUNTY, TEXAS APPROXIMATE LOCATION OF SURVEY UNE N 16'51'32' E — 162.68' 3= 1612'16" R. 815.47' L. 230.63' C= 229.88' CB= S 03'01'56" W S 10'28'49' E — 153.78' CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. PORTION OF CALLED 2,352.68 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. GENERAL NOTES 1.) AU. PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND AU. COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE. 3.) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. 4.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL' ZONE, NA083) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. 5.) DISTANCES SHOWN ARE SURFACE. TBPE F-54 The Wallace Group, Inc. a8 One Chisholm Troll, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers a Architects a Planners a Surveyors Waco * Killeen * Dallas * Round Rock 1 OF 1 400 PLAT NO. A-4601 DRAFT DATE OB -06-2013 DRAWN BY TAB WORK ORDER NO, 22951 F1ELDBOOK/PG. 178/23 TAB # A-4601 DIGITAL FILE 22951R -SITE 8 PARCELS F/N # N/A 0 2013 ALL RIGHTS RESERVED EXHIBIT Subsurface Tunnel 'A' Easement METES AND BOUNDS DESCRIPTION OF A 0.898 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS BEING A 0.898 ACRE (39,104 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS; SAID 0.898 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED); AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA), AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 0.898 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set for the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R.O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=I 0,141,879.6043 and E=3,061,278.0499; THENCE, (L1) South 47 degrees 35 minutes 59 seconds West, departing the westerly R.O.W. line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract, a distance of 197.26 feet to a 1/2 -inch iron rod with "Wallace cap" set for the POINT OF BEGINNING and southeast corner of the herein described tract, and being located at Texas State Plane Coordinate grid position N=10,141,746.5897 and E=3,061,132.3847, said point also being on the southerly line of said 91.548 acre least tract, and from which a cut "X" set in concrete marking the northwest corner of that certain called 2.73 acre tract of land described as a Right -Of -Way Easement to Cedar Park Water Supply Corporation, as recorded in Volume 4898, Page 1247, D.R.T.C.T. bears (L2) South 85 degrees 17 minutes 18 seconds East, at a distance of 21.94 feet; THENCE, North 85 degrees 17 minutes 18 seconds West, with the southerly line of said 91.548 acre lease tract, and continuing over and across said LCRA 2,352.66 acre tract, at a distance of 189.41 feet passing a 1/2 -inch iron rod found and as called for in the field notes for said 91.548 acre lease tract, and continuing in all a total distance of 412.60 feet to a calculated point for the southwest corner of the herein described tract; THENCE, departing the southerly line of said 91.548 acre lease tract, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, the following two (2) courses and distances: 1) North 65 degrees 23 minutes 27 seconds East, a distance of 387.07 feet to a calculated point for the northernmost corner of the herein described tract; Page 1 of 3 Exhibit " .. " (continued) Description of a 0.898 acre tract 2) South 16 degrees 54 minutes 28 seconds East, a distance of 203.89 feet to the POINT OF BEGINNING and containing 0.898 acres (39,104 square feet) of land, more or less, based on the survey and drawing made by The Wallace Group, Inc., Round Rock, Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. Iran -lel M. Flaherty, R.P.L.S. #5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 22951-FN02.doc Page 2 of 3 M 4 3 G \PROJECTS\22 EXHIBIT " 4-" DRAWING TO ACCOMPANY METES AND BOUNDS .DESCRIPTION OF SUBSURFACE TUNNEL 'A' EASEMENT (0.898 ACRE) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED); AND ALSO .BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS LEGEND • = FOUND 1/2" IRON R00 (UNLESS OTHERWISE NOTED) = FOUND TRAVIS COUNTY ALUMINUM DISC O = 1/2" IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP" SET (UNLESS OTHERWISE NOTED) A= CALCULATED POINT D.R.T.C.T. — DEED RECORDS, TRAVIS COUNTY, TEXAS ft(r-6A oz. �A1 54511E �s 1,kivN 15 co c0 i' 4T ti JAj R 6 • CAU -ED 91.548 ACRE LEASE TRACT 0 DESCRIBED IN FIELD NOTES PREPARED BY FE I LONER COLORADO RIVER AUTHORITY BEING PORTION) OF CALLED 2,352.66 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1188. PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 D.R.T.C.T. APPROXIMATE LOCATION OF SURVEY UNE 14 08'45'26" E — 389.74' 6s 10'49'15" R= 615.47' L= 154.01' C= 153.78' C8= S 10'28'49" E 1.685 ACRE •. TRACT .. CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 O.R.T.C.T. S 1713'40" E — 218.59' FIELD NOTE COMMENCING POINT GRID N: 10,141.879.6043 GRID E 3,061,278.0499 W 6I .19 w W N 8517'18" W _ 412.60' CALLED 2,352.66 ACRES a' < LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 O.R.T.C.T. a,.w m N GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND AU. COVENANTS, RESTRICTIONS. EASEMENTS AND CONDITIONS THAT MAY BE APPUCABLE. 3.) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES & BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NA083) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RIK NETWORK. COORDINATES SHOWN ARE GRID AND DISTANCES SHOWN ARE SURFACE. FIELD NOTE POINT OF BEGINNING GRID N: 10,141,746.5897 0110 E 3.061,132.3847 8..) 3' FE CUT POST X" SET r,,� 9L, r 1P 4P Qv 0�0'Tj' *,0 ‘Q•‘'.14"3 G q � �F��"fp s J,9.1- i �rL P O O �i1' Ft1s . o PORTION OF CALLED 2,352.66 ACRES LOVER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. NUMBER DIRECTION DISTANCE L1 S 47'35'59" W 197.26' 12 S 8517'18" E 21.94' L3 S 67'24'35" E 59.72' 14 N 74'03'27" E 59.86' TBPE F-54 The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 - Engineers ■ Architects ■ Planners • Surveyors Waco * Killeen * Dallas * Round Rock II HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BEUEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE 6TH DAY OF AUGUST , 2013. SURVEYED: 06-25-2013 �-DANIEL M. LAHERTY, RP ' 0 +04 3 OF 3 SCALE m 2013 ALL RIGHTS RESERVED PLAT NO. A-4602 1 ' AFT DATE OB -06-2013 DRAWN BY SRM WORK ORDER NO. 22951 FIELDBOOK/PG. 178/23 TAB # A-4602 DIGITAL FILE 22951R—SITE 8—TUNNEL F/N # 22951—FNO2 EXHIBIT "P_." Subsurface Tunnel 'B' Easement METES AND BOUNDS DESCRIPTION OF A 2.656 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, W.C. DOYLE SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 516, TRAVIS COUNTY, TEXAS BEING A 2.656 ACRE (115,710 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, W.C. DOYLE SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 516, TRAVIS COUNTY, TEXAS; SAID 2.656 ACRE TRACT BEING A PORTION OF THAT CER'T'AIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED); AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA), AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.) AND A PORTION OF THAT CERTAIN CALLED 20.8 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, AS RECORDED IN VOLUME 1110, PAGE 377, D.R.T.C.T.; SAID 2.656 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set for the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R.O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE, (L1) North 38 degrees 14 minutes 56 seconds West, departing the westerly R.O.W. line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 398.74 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract, and being located at Texas State Plane Coordinate grid position N=10,142,192.7447 and E=3,061,031.1977, and from which a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set bears (L4) South 73 degrees 05 minutes 32 seconds West, at a distance of 32.94 feet; THENCE, North 45 degrees 47 minutes 31 seconds West, continuing over and across said 91.548 acre lease tract, and traveling partway over and across said LCRA 2,352.66 acre tract and partway over and across said LCRA 20.8 acre tract, a distance of 1,112.50 feet to a calculated point for the westernmost corner of the herein described tract, said point being on the northwesterly line of said 91.548 acre least tract, same being the northwesterly line of said LCRA 20.8 acre tract; THENCE, (L2) North 25 degrees 24 minutes 51 seconds East, with the northwesterly line of said 91.548 acre lease tract and said LCRA 20.8 acre tract, a distance of 105.63 feet to a calculated point for the northernmost corner of the herein described tract; Page 1 of 3 Exhibit ".b "(continued) Description of a 2.656 acre tract THENCE, South 45 degrees 47 minutes 31 seconds East, over and across said 91.548 acre lease tract, and traveling partway over and across said LCRA 20.8 acre tract and partway over and across said LCRA 2,352.66 acre tract, a distance of 1,201.69 feet to a calculated point for the easternmost corner of the herein described tract, and from which a 1/2 -inch iron rod with "Wallace cap" set on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road bears (L5) North 73 degrees 05 minutes 32 seconds East, at a distance of 46.90 feet; THENCE, (L3) South 73 degrees 05 minutes 32 seconds West, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 114.21 feet to the POINT OF BEGINNING and containing 2.656 acres (115,710 square feet) of land, more or less, based on the survey and drawing made by The Wallace Group, Inc., Round Rock, Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. aniel M. Flaherty, R.P.L.S. #5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 2295I-FN03.doc Page 2 of 3 G:\PROJECTS\22951R-3D\DWG\SURVEY\22951R—SITE 8 PARCELS—TUNNEL ESMTS.dwg 8/06/2013 — 3:18pm EXHIBIT " Q " DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF SUBSURFACE TUNNEL 'B' EASEMENT (2.656 ACRES) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 64, W.C. DOYLE SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 616, TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOL. 1168, PAGE 120 ANDA PORTION OF THAT CERTAIN CALLED 20.8 ACRE TRACT OF LAND RECORDED IN VOL. 1110, PAGE 377 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS LAKE TRAVIS Np N 7/ a CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FED NOTES PREPARED BY LONER COLORADO RIVER AUTHORITY (UNRECORDED) BEING A PORTION OF CALLED 2,352.66 ACRES TO L011ER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. ANO A PORTION OF CALLED 20.8 ACRES TO LONER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 1 D.R.T.C.T. I;A¢455 AS ti �G1 140 10 yg ocG1y16 5��15 JJIh '. LEGEND \ • = FOUND 1/2' IRON ROD (UNLESS OTHERWISE NOTED) 1� = FOUND TRAVIS COUNTY ALUMINUM DISC 0 = 1/2' IRON ROO WITH ORANGE PLASTIC CAP /STAMPED "WALLACE GROUP" SET A-- CALCULATED POINT D.R.T.C.T. = DEED RECORDS, TRAVIS COUNTY, TEXAS OA 4 CALLED 91.548 ACRE LASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED) BEINO A PORTION OF CALLED 2,352.66 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1168. PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.6 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 D.R.T.C.T. or pa 1� <� 1 �� FIELD NOTE E • POINT OF a " BEGINNING GRID N: 10,142.192.7447 GRID E 3.061.031.1977 CALLED 20.8 ACRES LOWER COLORADO RIVER AUTHORITY d L. VOLUME 1110. PAGE 377 D , D.R.T.C.T. o:Q 111 CV. � GENERAL NOTES: 1.) AU. PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS. RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPUCA8LE. 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED 8Y A METES & BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE. NA0B3) NHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTIC NETWORK. 6.) COORDINATES SHOWN ARE GRID ANO DISTANCES SHOWN ARE SURFACE. 4 APPROXIMATE LOCATION OF SURVEY UNE N 08'45'26' E — 389.74' 5= 10'49'15' R= 815.47' 1= 154.01' C= 153.78' AO 06A SDs CB= 5 10'28'49" E 5T ION3�'EL Av`(15 CO8 FIELD NOTE COMMENCING POINT GRID W 10,141,879.6043 GRID E: 3,061,278.0499_ CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. S 1713'40' E 218.59' 1.685 ACR TRACT CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. PORTION OF CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. TBPE F-54 The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers o Architects ® Planners 1. Surveyors Waco * Killeen * Dallas * Round Rock NUMBER DIRECTION DISTANCE L1 N 3814'56' W 398.74' 1_2 N 2574'51' E 105.63' L3 s 73'05'32" W 114.21' L4 S 73'05'32" W 32.94' L5 N 73'05'32' E 46.90' L6 5 67'24'35' E 59.72' L7 N 74'03'27 E 5.186' I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF 11 -IAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS JBIi 6TH DAY OF AUGUST , 2013. SURVEYED: 06-25-2013447d— SCALE a, 'U DANIEL M. FLAHER , RPLS NO. 3 OF 3 340 600 PLAT NO. A-4603 DRAFT DATE 08-06-2013 DRAWN BY SRM © 2013 ALL RIGHTS RESERVED WORK ORDER NO, 22951 FlELDBOOK/PG. 178/23 TAB # A-4603 DIGITAL FILE 22951R—SITE 8—TUNNEL F/N # 22951—FNO3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. SPECIAL WARRANTY DEED LCRA to BCRUA; Sandy Creek Park; 1.685 acres STATE OF TEXAS § COUNTY OF TRAVIS § DATE: . 2014 GRANTOR: Lower Colorado River Authority, a conservation and reclamation district of the State of Texas GRANTOR'S MAILING ADDRESS: P.O. Box 220 Austin, TX 78767-0220 GRANTEE: Brushy Creek Regional Utility Authority, Inc., a domestic local government corporation of the State of Texas GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock, TX 78664 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY (including any improvements): A tract of land, consisting of 1.685 acres, more or less, out of the East Texas Railroad Company Survey No. 54, Travis County, Texas, more particularly described by metes and bounds and sketch in Exhibit "A," attached hereto and incorporated herein for all purposes. RESERVATIONS FROM AND EXCEPTIONS 'FO CONVEYANCE AND WARRANTY AND RESTRICTIVE COVENANTS: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the PROPERTY; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, EXHIBIT h 6- I I b,:'7 1 conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for the current year, the payment of which GRANTEE assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which GRANTEE assumes. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE'S use of the PROPERTY. For GRANTOR and GRANTOR's successors and assigns, a reservation of an easement strip twenty (20) feet in width, abutting the high water line of Lake Travis for the purpose of passage and use by the public for public sports and amusements. For GRANTOR and GRANTOR's successors and assigns, a reservation of the right to vary the level, temperature, or quality of GRANTOR -managed rivers, tributaries, and lakes. GRANTOR specifically reserves the right and privilege to store and impound water on, flow water across, and inundate with water at any time and as many times as GRANTOR may see fit all or any part of the PROPERTY that is at or below the 715 -foot msl elevation contour, without any compensation or liability to GRANTEE. GRANTOR shall not be liable, by reason of floods, flowage, soakage, seepage, erosion, or any other action of water, for any damages on any part of the PROPERTY which may be caused in whole or in part by the operation or maintenance of any one or more of GRANTOR -managed dams, and the impounding of water thereby, or the failure to impound water thereby, or the releasing of impounded water. At no time other than initial construction, start-up, or during performance of routine or scheduled maintenance of a raw water pumping station shall GRANTEE allow or permit the sound pressure level of any operation or plant on the PROPERTY to exceed 65 decibels as measured at any given property line of the PROPERTY. All exterior lighting permanently installed on the PROPERTY shall be directed to the area where the light is needed, and shall be shielded from other areas including neighboring tracts and the sky. GRANTEE shall use no more than the minimum amount of lighting needed to accomplish the purpose for which it is installed. All exterior lighting shall be turned off when not needed, either manually or through use of motion or other sensors. During initial construction, start-up, and during emergency repair activities, however, GRANTEE shall be permitted to utilize whatever lighting is reasonably necessary to effectuate construction or emergency repair of the facilities constructed within the PROPERTY. GRANTEE shall not construct or maintain any habitable structure or building on any part of the PROPERTY which lies below the 715 -foot msl elevation contour without obtaining prior, written approval of GRANTOR, and GRANTOR reserves the right to remove, damage or destroy (by action of water or otherwise) all non -approved structures without compensation, liability, or damages. Notwithstanding the foregoing, GRANTEE shall have the express right to construct a raw water pumping station and appurtenances thereto on the PROPERTY, including but not limited to a wet well and subsurface raw water transmission facilities situated in whole or EXHIBIT Zcr 2 in part below the 715 -foot msl elevation contour, with GRANTOR having no liability whatsoever for damage to any such underground structures which may be caused in whole or in part by the operation or maintenance of any one or more of GRANTOR -managed dams, and the impounding of water thereby, or the failure to impound water thereby, or the releasing of impounded water. IT IS EXPRESSLY UNDERSTOOD AND AGREED that if on or after December 31, 2030, the PROPERTY is not used or ceases to be used for the construction and operation of a raw water pumping station, GRANTOR shall have the right to reenter and assume ownership of the PROPERTY, it being the intent of GRANTOR to convey the right, title, and interest described on a condition subsequent. GRANTOR, for the CONSIDERATION and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to GRANTEE the PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE, GRANTEE's heirs, executors, administrators, successors, or assigns forever. GRANTOR binds GRANTOR and GRANTOR's successors and assigns to warrant and forever defend all and singular the PROPERTY to GRANTEE and GRANTEE'S heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming .or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under GRANTOR, but not otherwise. When the context requires, singular nouns and pronouns include the plural. EXHIBIT LOWER COLORADO RIVER AUTHORITY By: Fredrick E. Crawford Manager, Real Estate Services 3 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on this day of , 2014, by Fredrick E. Crawford, Manager of Real Estate Services for the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas, on behalf of said district. Notary Public, State of Texas After recording, return to: Law Offices of Kent A. Sick 4611 Bee Cave Road, Suite 110 Austin, Texas 78746 4 EXHIBIT "/4 " METES AND BOUNDS DESCRIPTION OF A 1.685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS BEING A 1.685 ACRE (73,385 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS; SAID 1.685 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED); AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA), AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 1.685 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set for the easternmost southeast comer of the herein described tract, same marking the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R.O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E"3,061,278.0499; THENCE, departing the westerly R.O.W. line of said Lime Creek Road, with the southerly line of said 91.548 acre lease tract, over and across said LCRA 2,352.66 acre tract, the following three (3) courses and distances: 1) (L1) South 62 degrees 01 minutes 46 seconds West, a distance of 108.65 feet to a 1/2 -inch iron rod with "Wallace cap" set for an angle point of the herein described tract; 2) (L2) South 12 degrees 37 minutes 51 seconds West, a distance of 37.71 feet to a 1/2 -inch iron rod with "Wallace cap" set for an angle point of the herein described tract; 3) (L3) South 27 degrees 58 minutes 14 seconds East, a distance of 32.37 feet to a 3 -inch galvanized fence post for an angle point of the herein described tract, said point being on the northerly line of that certain called 2.73 acre tract of land described as a Right -Of -Way Easement to Cedar Park Water Supply Corporation, as recorded in Volume 4898, Page 1247, D.R.T.C.T.; THENCE, (L4) South 62 degrees 01 minutes 46 seconds West, with the common southerly line of said 91.548 acre lease tract and the northerly line of said 2.73 acre tract, and continuing over and across said LCRA 2,352.66 acre tract, a distance of 39.38 feet to a cut "X" in concrete set for the southernmost corner of said 91.548 acre lease tract and the herein described tract, same marking the northwest corner of said 2.73 acre tract; THENCE, (L5) North 85 degrees 17 minutes 18 seconds West, with the southerly line of said 91.548 acre lease tract, and continuing over and across said LCRA 2,352.66 acre tract, a distance of 21.94 feet to a 1/2 - inch iron rod with "Wallace cap" set for the southwest corner of the herein described tract, and from which a 1/2 -inch iron rod found and as called for in the field notes for said 91.548 acre lease tract bears North 85 degrees 17 minutes 18 seconds West, at a distance of 189.41 feet; Page 1 of 3 Exhibit "A_" (continued) Description of a 1.685 acre tract THENCE, departing the southerly line of said 91.548 acre lease tract, and continuing over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, the following two (2) courses and distances: 1) North 16 degrees 54 minutes 28 seconds West, a distance of 456.30 feet to a 1/2 -inch iron rod with "Wallace cap" set for the northwest corner of the herein described tract; 2) North 73 degrees 05 minutes 32 seconds East, a distance of 194.05 feet to a 1/2 -inch iron rod with "Wallace cap" set for the northeast corner of the herein described tract and being on a non -tangent curve to the left, said point also being on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road, and from which a Travis County aluminum disc found and as called for in the field notes for said 9I.548 acre lease tract bears North 08 degrees 45 minutes 26 seconds East, at a chord distance of 389.74 feet; THENCE, with the common easterly line of said 91.548 acre Iease tract and the westerly R.O.W. line of said Lime Creek Road, and continuing over and across said LCRA 2,352.66 acre tract, the following two (2) courses and distances: 1) In a Southerly direction, 154.01 feet along the arc of said curve to the left, having a radius of 815.47 feet, a central angle of 10 degrees 49 minutes 15 seconds, and a chord bearing and distance of South 10 degrees 28 minutes 49 seconds East — 153.78 feet to a Travis County aluminum disc found and as called for in the field notes for said 91.548 acre lease tract for a corner of the herein described tract; 2) South 17 degrees 13 minutes 40 seconds East, a distance of 218.59 feet to the POINT OF BEGINNING and containing 1.685 acres (73,385 square feet) of land, more or less, based on the survey and drawing made by The Wallace Group, Inc., Round Rock, Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4600 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. aniel M. F aherty, R.P.L.S. #5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 22951-FN01.doc EXHIBIT 6 0)-7 Page 2 of 3 M CTS\22951R-3D\DWG 0 ce (3 EXHIBIT "L" DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 1.685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS, AND BRING A PORTION OF A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO 'RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS 1 LEGEND tft • = FOUND 1/2" IRON ROD (UNLESS OTHERWISE NOTED) ■ = FOUND TRAVIS COUNTY ALUMINUM DISC 0 = 1/2" IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP" SET (UNLESS OTHERWISE NOTED) D.R.T.C.T. = DEEO RECORDS, TRAVIS COUNTY, TEXAS (11 1i ZZ •7 PIM °C N 85 17'18' W • a CALLED 2,352 66 ACRES 189.41' fD `° LOWER COLORADO RIVER AUTHORITY L5 H�uN, VOLUME 1168, PAGE 120 r) D.R.T.C.T. CUT "X" SET" Rt11,t� - 6A SI iE r013'64• co1Y 1$ GDo 19432 73p5 4 APPROXIMATE LOCATION ---f OF SURVEY UNE N 08'45'26" E - 389.74' A- 10'49'15" R= 815.47' L= 154.01' C= 153.78' CB- S 10'28'49" E CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED 2 BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED) BEING A PORTION OF CALLED 2,352.66 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1188, PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 D.R.T.C.T. CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. S 1713'40" E - 218.59' FIELD NOTE POINT OF BEGINNING 6910 N: 10,141,879.6043 GRID E: 3,061,278.0498 N GENERAL NOTES 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONOITIONS THAT MAY BE APPUCABLE. 3.) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING 15 ACCOMPANIED BY A METES & BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NA083) WHICH IS BASED ON LE1CA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. 6.) COORDINATES SHOWN ARE GRID AND DISTANCES SHOWN ARE SURFACE. TBPE F-54 \-43" FENCE POST 90 S 41 Tp '0 9*' Vg - a o tpt'0-09�V9 a��p sir s • �y cc,,� rya '0 PORTION OF CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. The Wallace Group, Inc. One Chisholm Trait, Suite 130, Round Rock, Texas 78681 (512) 248-0085 Engineers Architects 12 Planners ® Surveyors Waco * Killeen * Dallas * Round Rock NUMBER DIRECTION DISTANCE 11 S 62'01'46" W 108.65' 12 S 12'37.51" W 37.71' L3 S 27'58'14" E 32.37' L4 S 62'01'46" W 39.38' 1.5 N 8517'18" W 21.94' L6 S 67'24'35" E 59.72' 17 14 74'03'27" E 59.86' I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE 67H DAY OF _ _AUGUST , 2013. SURVEYED: 06-25-2013 AN EL SCALE 0 200 4 0 D © 2013 ALL RIGHTS RESERVE 1 1 HERTY, RPLS DR DATE 08-06-2013 DRAWN BY TAB FIELDBOOK/PG. 178/23 TAB # A-4600 SITE 8 PARCELS UN # 22951-FNO1 3 OF 3 EXHIBIT n +t NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. TEMPORARY CONSTRUCTION EASEMENT LCRA to BCRUA; 0.802 acres STATE OF TEXAS § COUNTY OF TRAVIS § DATE: , 2014 GRANTOR: Lower Colorado River Authority, a conservation and reclamation district of the State of Texas GRANTOR'S MAILING ADDRESS: P.O. Box 220 Austin, TX 78767-0220 GRANTEE: Brushy Creek Regional Utility Authority, Inc., a domestic local government corporation of the State of Texas GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock, TX 78664 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY : A tract of land, consisting of 0.802 acres, more or less, out of the East Texas Railroad Company Survey No. 54, Travis County, Texas, as described by sketch in Exhibit "A," attached hereto and incorporated herein for all purposes. GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable consideration to GRANTOR, in hand paid by GRANTEE, the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien or encumbrance expressed or implied is retained, has this day GRANTED and CONVEYED, and by these presents does GRANT and CONVEY unto GRANTEE, a Temporary Construction Easement ("Easement") on the Property to be used as a construction staging area during construction of a raw water pumping station, water transmission facilities, and appurtenances thereto (the "Project"), on property adjacent to the Property. Such use may include temporary access, traffic re-routing, spoils storage, equipment storage, and any and all other construction -related uses necessary or desirable to construct the Project on property adjoining the Property. In no event shall GRANTEE construct or install any improvements on the Property. TO HAVE AND TO HOLD the same to GRANTEE, its successors and assigns, together with the right and privilege at all times during the term of this easement to enter the Property for the above -stated purposes. This grant is made on the condition that GRANTEE and its successors and assigns shall replace or repair any and all damage done to driveways, parking areas, or recreational park amenities within the Property including but not limited to camping sites, picnic tables and drinking fountains to a condition like or better than that existing before the Project; restore the natural grade of the Property to its pre -Project elevation to the extent reasonably practical, and restore the surface of the Property with native grasses or other suitable groundcover to a like condition to that existing before the Project, to the extent such restoration is reasonably feasible. GRANTEE shall be permitted to clear trees and brush on the Property, but only as reasonably necessary for the exercise of the rights granted herein. GRANTEE recognizes that the Property is used by GRANTOR as a public park, and GRANTEE shall make all reasonable efforts to preserve as many of the trees on the Property as possible. GRANTEE agrees that GRANTEE shall mitigate for any tree removal from the Property pursuant to the tree mitigation rules and regulations of Travis County, Texas. GRANTEE shall at all times comply with GRANTOR'S Highland Lakes Watershed Ordinance (or any successor ordinance), as it may be amended from time to time, to the extent such ordinance is applicable to GRANTEE'S activities on the Property. Further, GRANTEE shall conduct all of its activities on the Easement Property in full compliance with all applicable federal, state, and local laws and ordinances. The rights conveyed in this Temporary Construction Easement shall commence on the day that is 30 days after GRANTOR'S receipt of written notice from GRANTEE that GRANTEE intends to enter the Property and begin construction of the Project on adjoining property and shall automatically expire upon the earlier of (a) completion of the Project, (b) five (5) years from the date the Temporary Construction Easement commences, or (c) August 31, 2030. Prior to beginning any work on the Property, GRANTEE shall construct a perimeter fence around the Property sufficient to ensure the safety of the public. GRANTEE shall maintain the fence in good condition during the term of this Easement. This Easement is made and accepted subject to all easements, restrictions and other matters of record in the Real Property Records of Travis County, Texas. EXHIBIT LOWER COLORADO RIVER AUTHORITY BY: 2 Fredrick E. Crawford Manager, Real Estate Services THE STATE OF TEXAS COUNTY OF TRAVIS ACKNOWLEDGMENT § § § This instrument was acknowledged before me on this day of ,2014, by Fredrick E. Crawford, Manager of Real Estate Services for the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas, on behalf of said district. Notary Public, State of Texas TENANT'S CONSENT Travis County, being the holder of a leasehold interest in the herein -described Property and affected by the easement use of the Property, does hereby consent to this Temporary Construction Easement, its contents, and to the recording of same. Tenant disclaims its right of exclusive possession and use of the Property, as defined in the Lease Agreement by and between Grantor and Travis County, as to the easement rights and interests of the Grantee, and Grantee's successors and assigns. This consent shall not be construed or operate as a release or modification of the terms of the Lease Agreement, or any part thereof, except as to Tenant's consent to the conveyance of the easement interests as described herein. Executed this day of , 2014. Tenant: Travis County By: Samuel T. Biscoe, County Judge ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on this day of ,2014, by Samuel T. Biscoe, County Judge of Travis County, on behalf of Travis County. Notary Public, State of Texas After recording, return to: Law Offices of Kent A. Sick 4611 Bee Cave Road, Suite 110 Austin, Texas 78746 0 ui EXHIBIT " /t " DRAWING OF A TEMPORARY CONSTRUCTION EASEMENT (0.802 ACRE) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS L • 4 40 110- Iffr vi col �$g .1s � (1. IIgp0. 5A 1,0 E.i ?SAS Ij jSI TE $cil1. $kipA is GO TR S 73'05'32' W WR . 53.06' ga. R a CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LONER COLORADO RIVER AUTHORITY (UNRECORDED) BEING A PORTION OF CALLED 2,352.66 ACRES TO LOWER COLORADO RIVER AUTHORITY w.w Z Z 3•z O 00 11.1 au 5-5 m m CALLED 2,352.66 ACRES N� n LOWER COLORADO RIVER AUTHORITY VOLUME 1168. PAGE 120 N D.R.T.C.T. LEGEND • = FOUND 1/2" IRON R00 (UNLESS OTHERWISE NOTED) it= FOUND TRAVIS COUNTY ALUMINUM DISC 0 = 1/2" IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP" SET D.R.T.C.T. = DEED RECORDS, TRAVIS COUNTY, TEXAS • APPROXIMATE LOCATION OF SURVEY UNE N 16'51'32" E — 162.68' A� 1612'16' R= 815.47' L= 230.63' C= 229.86' CB= S 03'01'56' W S 10'28'49' E — 153.78' VOLUME 1168, PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1110. PAGE 377 D.R.T.C.T. CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168. PAGE 120 D.R.T.C.T. GENERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND AU. COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS THAT MAY BE APPUCABLE. 1) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. 4.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL' ZONE. NA083) WHICH IS BASED ON LEICA'S CENTRAL TEXAS CPS COOPERATIVE CORS RTK NETWORK. 5.) DISTANCES SHOWN ARE SURFACE. SCALE TBPE F-54 PORTION OF CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. 1, %.0 6 ti f 34. "T cp Ts ft Go ti'A -o The Wallace Group, Ince .?)8 One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers ® Architects m Planners ® Surveyors Waco * Killeen * Dallas * Round Rock © 2013 ALL RIGHTS RESERVED WOR g DIGIT m.. EXHIBIT /tic to DRAFT DATE 08-06-2013 DRAWN BY TAB FIELDBOOK/PG. 178/23 TAB # A-4601 B PARCELS F/N # N/A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. SUBSURFACE EASEMENT LCRA to BCRUA; Sandy Creek Park; 0.898 and 2.656 acres STATE OF TEXAS § COUNTY OF TRAVIS § DATE: , 2014 GRANTOR: Lower Colorado River Authority, a conservation and reclamation district of the State of Texas GRANTOR'S MAILING ADDRESS: P.O. Box 220 Austin, TX 78767-0220 GRANTEE: Brushy Creek Regional Utility Authority, Inc., a domestic local government corporation of the State of Texas GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock, TX 78664 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Easement Property A: that certain tract of land consisting of 0.898 acres, more or less, out of the East Texas Railroad Company Survey No. 54, Travis County, Texas, more particularly described by metes and bounds and sketch in Exhibit "A," attached hereto and incorporated herein for all purposes; and Easement Property B: that certain tract of land consisting of 2.656 acres, more or less, out of the East Texas Railroad Company Survey No. 54, Travis County, Texas, more particularly described by metes and bounds and sketch in Exhibit "B," attached hereto and incorporated herein for all purposes, . 1 For purposes of this document, the term "Easement Property" shall be used when necessary or convenient to refer to Easement Property A and Easement Property B collectively. SUBSURFACE EASEMENT GRANT: GRANTOR, for the CONSIDERATION paid to GRANTOR by GRANTEE, hereby grants, sells, and conveys to GRANTEE a permanent and exclusive subsurface easement under the Easement Property , together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE's successors and assigns forever. The subsurface easement, rights, and privileges herein granted shall be used for the purposes of boring, constructing, placing, operating, maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting, changing, modifying, or repairing subsurface raw water transmission facilities, including but not limited to bored tunnels, liners, pipelines, and any other necessary or desirable appurtenances thereto; provided, however, that GRANTEE'S rights in the Easement Property shall be limited as follows: (i) the rights in Easement Property A are limited to that part of the subsurface lying at or below 550' msl, and (ii) the rights in Easement Property B are limited to that part of the subsurface lying at or below 605' msl. In no event shall GRANTEE have the right to use the surface of the Easement Property for drilling, boring, excavation, or any other use, except that Grantee shall be permitted to do geotechnical testing, including soil and surface testing and boring, prior to construction of the underground transmission facilities. After completion of any and all such geotechnical testing, Grantee shall restore the surface of the Easement Property to the condition it was in immediately prior to the testing. Grantee shall not place or construct any above -ground facilities or appurtenances whatsoever upon the surface of the Easement Property. RIGHTS AND RESERVATIONS OF GRANTOR: GRANTOR shall retain all existing rights to use the surface of the Easement Property for any and all purposes, including without limitation the right to place buildings or other permanent structures on the surface of the Permanent Easement as long as excavation for said improvements does not exceed 25' (feet) beneath existing grade, and to the extent such placement of buildings or other permanent structures does not endanger or unreasonably interfere with the rights granted to Grantee herein. GRANTOR expressly reserves all water, oil, gas, and other minerals owned by GRANTOR, in, on, and under the Easement Property, provided that GRANTOR shall not be permitted to drill or excavate for water, oil, gas and minerals on the surface of the Easement Property, but GRANTOR may extract water, oil, gas, or other minerals from and under the Easement Property by directional drilling or other means which do not unreasonably interfere with or disturb the rights granted to GRANTEE herein. 2 GRANTOR expressly reserves the right to vary the level, temperature, or quality of GRANTOR -managed rivers, tributaries, and lakes. GRANTOR specifically reserves the right and privilege to store and impound water on, flow water across, and inundate with water at any time and as many times as GRANTOR may see fit all or any part of the PROPERTY that is at or below the 7I5 -foot msl elevation contour, without any compensation or liability to GRANTEE. GRANTOR shall not be liable, by reason of floods, flowage, soakage, seepage, erosion, or any other action of water, for any damages on any part of the Easement Property and/or any facilities constructed under the Easement Property which may be caused in whole or in part by the operation or maintenance of any one or more of GRANTOR -managed dams, and the impounding of water thereby, or the failure to impound water thereby, or the releasing of impounded water. OBLIGATIONS OF GRANTEE: GRANTEE shall at all times comply with GRANTOR'S Highland Lakes Watershed Ordinance (or any successor ordinance), as it may be amended from time to time, to the extent such ordinance is applicable to the construction, installation, operation, maintenance, and removal of any part of GRANTEE'S facilities. In addition, GRANTEE shall implement a GRANTOR -approved water quality monitoring and turbidity control plan for any work performed underwater that will disturb the lakebed. Said plan must be submitted to GRANTOR for review and approved in writing by GRANTOR prior to GRANTEE'S beginning any work below the 681 foot contour. Further, GRANTEE shall conduct all of its activities in full compliance with all applicable federal, state, and local laws and ordinances. EXCLUSIVITY: GRANTEE's easement rights within the subsurface of the Easement Property (at or below 550' msl for Easement Property A and at or below 605' msl for Easement Property B) shall be exclusive. SUCCESSORS AND ASSIGNS; TERMINATION: The rights and obligations of GRANTEE in this Subsurface Easement shall be and are appurtenant to that certain 1.685 -acre tract of land (the "Pump Plant Site") conveyed to GRANTEE from GRANTOR by Special Warranty Deed dated of even date herewith. This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their heirs, successors, and assigns. This Subsurface Easement shall terminate and all of GRANTEE'S rights in the Easement Property shall revert to GRANTOR in the event the Pump Plant Site reverts to GRANTOR. WARRANTY: Subject to existing matters of record affecting the Easement Property, GRANTOR warrants and shall forever defend this Subsurface Easement to GRANTEE against anyone 3 lawfully claiming or to claim the Permanent Easement or any part thereof when the claim is by, through, or under GRANTOR, but not otherwise. When the context requires, singular nouns and pronouns include the plural. When appropriate, the terms "GRANTEE" and "GRANTOR" include their respective employees, agents, subsidiaries, officers, servants, contractors, successors and assigns. LOWER COLORADO RIVER AUTHORITY By: Fredrick E. Crawford Manager, Real Estate Services ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on this day of ,2014, by Fredrick E. Crawford, Manager of Real Estate Services for the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas, on behalf of said district. EXHIBIT 1 O) '{ Notary Public, State of Texas TENANT'S CONSENT Travis County, being the holder of a leasehold interest in the herein -described Property and affected by the easement use of the Property, does hereby consent to this Temporary Construction Easement, its contents, and to the recording of same. Tenant disclaims its right of exclusive possession and use of the Property, as defined in the Lease Agreement by and between Grantor and Travis County, as to the easement rights and interests of the Grantee, and Grantee's successors and assigns. This consent shall not be construed or operate as a release or modification of the terms of the Lease Agreement, or any part thereof, except as to Tenant's consent to the conveyance of the easement interests as described herein. Executed this day of , 2014. Tenant: Travis County By: Samuel T. Biscoe, County Judge ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TRAVIS This instrument was acknowledged before me on this day of , 2014, by Samuel T. Biscoe, County Judge of Travis County, on behalf of Travis County. Notary Public, State of Texas After recording, return to: Law Offices of Kent A. Sick 4611 Bee Cave Road Suite 110 Austin, Texas 78746 5 EXHIBIT "A" Subsurface Tunnel 'A' Easement METES AND BOUNDS DESCRIPTION OF A 0.898 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS BEING A 0.898 ACRE (39,104 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS; SAID 0.898 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED); AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA), AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 0.898 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a I/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set for the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R.O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE, (LI) South 47 degrees 35 minutes 59 seconds West, departing the westerly R.O.W. line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract, a distance of 197.26 feet to a 1/2 -inch iron rod with "Wallace cap" set for the POINT OF BEGINNING and southeast corner of the herein described tract, and being located at Texas State Plane Coordinate grid position N=10,141,746.5897 and E=3,061,132.3847, said point also being on the southerly line of said 91.548 acre least tract, and from which a cut "X" set in concrete marking the northwest comer of that certain called 2.73 acre tract of land described as a Right -Of -Way Easement to Cedar Park Water Supply Corporation, as recorded in Volume 4898, Page 1247, D.R.T.C.T. bears (L2) South 85 degrees 17 minutes 18 seconds East, at a distance of 21.94 feet; THENCE, North 85 degrees 17 minutes 18 seconds West, with the southerly line of said 91.548 acre lease tract, and continuing over and across said LCRA 2,352.66 acre tract, at a distance of 189.41 feet passing a 1/2 -inch iron rod found and as called for in the field notes for said 91.548 acre lease tract, and continuing in all a total distance of 412.60 feet to a calculated point for the southwest corner of the herein described tract; THENCE, departing the southerly line of said 91.548 acre lease tract, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, the following two (2) courses and distances: 1) North 65 degrees 23 minutes 27 seconds East, a distance of 387.07 feet to a calculated point for the northernmost corner of the herein described tract; Page 1 of 3 Exhibit "A.." (continued) Description of a 0.898 acre tract 2) South 16 degrees 54 minutes 28 seconds East, a distance of 203.89 feet to the POINT OF BEGINNING and containing 0.898 acres (39,104 square feet) of land, more or less, based on the survey and drawing made by The Wallace Group, Inc., Round Rock, Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. 1, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. s Irani eI M. Flaherty, R.P.L.S. #5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512) 248-0065 22951-FN02.doc EXHIBIT Page 2 of 3 ro a EXHIBIT `1_1:12 DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF SUBSURFACE TUNNEL 'A' EASEMENT (0.898 ACRE) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 64, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED), AND ALSO BRING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND .DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS oz. • Rd • CALLED 91.548 ACRE LEASE TRACT o DESCRIBED 114 FIELD NOTES PREPARED BY 4 LOWER COLORADO RIVER AUTHORITY BEINGNAEPORTION) OF CAU.ED 2,352.66 ACRES TO . LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.7.C.T. AND A PORTION OF CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 D.R.T.C.T. LEGEND FOUND 1/2' IRON ROD (UNLESS OTHERWISE NOTED) FOUND TRAVIS COUNTY ALUMINUM DISC 1/2' IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE'GROUP" SET (UNLESS OTHERWISE NOTED) CALCULATED POINT DEED RECORDS, TRAVIS COUNTY, TEXAS 5A A5ftq I 05 2 CQ p RIs GDa la la Z • Z APPROXIMATE LOCATION OF SURVEY UNE N 08'45'26' E - 389,74' A= 10'49'15' R= 815.47' L= 154.01' C= 153.78' C8= S 10'28'49' E CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. S 17'13'40' E - 218.59' FIELD NOTE POINT COMMENCING GRID N: 10,141,879.6043 GRID E 3,061.278.0499 ol0 0 �0�/jj (39,104 50. Fl o 2 .1 N 8517'18" W - 41260' CALLED 2,352.68 ACRES < < LOWER COLORADO RIVER AUTHORITY m ,p VOLUME 1168, PAGE 120 d N e3 D.R.T.C.T. 1IRest GENERAL NOTES 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS AND CONDITIONS 114AT MAY BE APPUCABLE. 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES & BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NA083) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS MK NETWORK. 6.) COORDINATES SHOWN ARE GRID AND DISTANCES SHOWN ARE SURFACE. CUT 3" FE POST PORTION OF CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R,T.C.T. FIELD NOTE POINT OF BEGINNING GR10 N: 10,741,746.5897 GRID E 3,061,132.3847 TBPE F-54 15 The Wallace Group Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 - Engineers ■ Architects ® Planners w Surveyors Waco * Killeen * Dallas * Round Rock NUMBER DIRECTION DISTANCE 1.1 S 47'35'59' W 197.26' L2 S 8517'18" E 21.94' 1_3 S 67'24'35" E 59.72' L4 N 74'03'27" E 59.86' 1 HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE 6TH DAY OF AUGUST . 2013. SURVEYED: 06-25-2013 EXHIBIT 1, 0 2013 ALL RIGHTS RESERVED 3 OF 3 AFT DATE 08-06-2013 DRAWN BY SRM FIELDBOOK/PG. 178/23 TAB # A-4602 8—TUNNEL F/N # 22951—FNO2 EXIIIBIT "&" Subsurface Tunnel 'B' Easement METES AND BOUNDS DESCRIPTION OF A 2.656 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, W.C. DOYLE SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 516, TRAVIS COUNTY, TEXAS BEING A 2.656 ACRE (115,710 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, W.C. DOYLE SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 516, TRAVIS COUNTY, TEXAS; SAID 2.656 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED); AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA), AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.) AND A PORTION OF THAT CERTAIN CALLED 20.8 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, AS RECORDED IN VOLUME 1110, PAGE 377, D.R.T.C.T.; SAID 2.656 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set for the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R.O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE, (L1) North 38 degrees 14 minutes 56 seconds West, departing the westerly R.O.W. line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 398.74 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract, and being located at Texas State Plane Coordinate grid position N=10,142,192.7447 and E=3,061,031.1977, and from which a I/2 -inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set bears (L4) South 73 degrees 05 minutes 32 seconds West, at a distance of 32.94 feet; THENCE, North 45 degrees 47 minutes 31 seconds West, continuing over and across said 9I.548 acre lease tract, and traveling partway over and across said LCRA 2,352.66 acre tract and partway over and across said LCRA 20.8 acre tract, a distance of 1,112.50 feet to a calculated point for the westernmost corner of the herein described tract, said point being on the northwesterly line of said 91.548 acre least tract, same being the northwesterly line of said LCRA 20.8 acre tract; THENCE, (L2) North 25 degrees 24 minutes 51 seconds East, with the northwesterly line of said 91.548 acre lease tract and said LCRA 20.8 acre tract, a distance of 105.63 feet to a calculated point for the northernmost corner of the herein described tract; EXHIBIT 9 O >1 Page T 0-1'3 Exhibit ",j" (continued) Description of a 2.656 acre tract THENCE, South 45 degrees 47 minutes 31 seconds East, over and across said 91.548 acre lease tract, and traveling partway over and across said LCRA 20.8 acre tract and partway over and across said LCRA 2,352.66 acre tract, a distance of 1,201.69 feet to a calculated point for the easternmost comer of the herein described tract, and from which a 1/2 -inch iron rod with "Wallace cap" set on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road bears (L5) North 73 degrees 05 minutes 32 seconds East, at a distance of 46.90 feet; THENCE, (L3) South 73 degrees 05 minutes 32 seconds West, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 114.21 feet to the POINT OF BEGINNING and containing 2.656 acres (115,710 square feet) of land, more or less, based on the survey and drawing made by The Wallace Group, Inc., Round Rock, Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System (Central Zone, NAD83) which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. Daniel M. Flaherty, R.P.L.S. #5004 The Wallace Group, Inc. One Chisholm Trail, Suite 130 Round Rock, Texas 78681 Ph. (512)248-0065 22951-FN03.doc Page 2 of 3 ro rn EXHIBIT " t. " DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF SUBSURFACE TUNNEL 'B' EASEMENT (2.656 ACRES) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY N0. 64, W.C. DOYLE' SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 516, TRAVIS COUNTY, TEXAS, BEING A PORTION OF A CALLED 91.648 ACRE LEASE TRACT DESCRIBED ,IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,362.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOL. 1168, PAGE 120 AND A PORTION OF THAT CERTAIN CALLED 20.8 ACRE TRACT OF LAND RECORDED IN VOL. 1110L PAGE 377 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS LEGEND LAKg TPJVIS • CALLED 91.548 ACRE LEASE TRACT DESCRIBED 1N FIE.U) NOTES PREPARED 8Y LOWER COLORADO RIVER AUTHORITY (UNRECORDED) BONG A PORTION OF CALLED 2,352.66 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.8 ACRES TO LOSER COLORADO RIVER AUTHORITY VOLUME 1110, PAGE 377 D.R.T.C.T. --) • = FOUND 1/2" IRON ROD (UNLESS OTHERWISE NOTED) ® = FOUND TRAVIS COUNTY ALUMINUM DISC 0 = 1/2' IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP" SET ♦ - CALCULATED POINT D.R.T.C.T. = DEED RECORDS, TRAVIS COUNTY, TEXAS READ E/ 4,90 Ol 2626 F � II A CRs c� D ti 04. f 6 s. 4 1P 15 5. 110. 1$1". x 5 Q� o f 5 to o(S)..+ SO CALLED 91.548 ACRE LEASE TRACT , DESCRIBED IN FIELD NOTES PREPARED BY a In. LOWER COLORADO RIVER AUTHORITY 26 BENGNA PORTION OF CALLED 2,352.68 ACRES TO LOWER COLORADO RIVER AUTHORITY VOLUME 1168. PAGE 120 D.R.T.C.T. AND A PORTION OF CALLED 20.5 ACRES TO o I FIELD NOTE a • POINT OF at' BEGINNING 1 GRID N: 10,142,192.7447 V GRID E 3,061,031.1977 rAPPROXIMATE LOCATION OF SURVEY UNE N 08'45'26" E - 389,74' A= 10'49'15" R= 815.47' L- 154.01' C= 153.78' C8= S 10'28'49' E LOWER COLORADO RIVER AUTHORITY VOLUME 1110. PAGE 377 D.R.T.C.T. CALLED 20.8 ACRES LOWER COLORADO RIVER AUTHORITY w VOLUME 1110, PAGE 377 ziz D.R.T.C.T. qR FIELD NOTE' COMMENCING POINT GRID N: 10,141,879.6043 GRID E 3,061,278.0499 S 1713'40' E 218,59' \ N GENERAL NOTES lRR CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168. PAGE 120 D.R.T.C.T_ 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS ANO CONDITIONS THAT MAY BE APPUCABLE 3.) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. 4.) THIS DRAWING IS ACCOMPANIED BY A METES & BOUNDS DESCRIPTION. 5,) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM (CENTRAL ZONE, NAD83) WHICH IS BASED ON LEICA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. 6.) COORDINATES SHOW4 ARE GRID AND DISTANCES SHOWN ARE SURFACE. TBPE F-54 RAt��p4 0 5A 000 °ION SO EN A 15 CDS cOlt CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 D.R.T.C.T. PORTION OF CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 O.R.T.C.T, The Wallace Group, Inc. One Chisholm Trail, Suite 130, Round Rock, Texas 78681 (512) 248-0065 Engineers s Architects » Planners la Surveyors Waco * Killeen * Dallas * Round Rock NUMBER DIRECTION DISTANCE Li N 38'14'56` W 398.74' L2 N 25'24'51' E 105.63' L3 S 73'05'32" W 114.21' 14 S 73'05'32" W 32.94' L5 N 73'05'32' E 46.90' L6 5 87'205" E 59.72' 17 _ N 74'03'27' E 59.86' I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS i. 6TH DAY OF AUGUST , 2013. SURVEYED: 06-25-2013 300 #O PLAT WOR © 2013 ALL RIGHTS RESERVED DIGIT DRAWN BY SRM TAB # A-4603 22951—FNO3