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R-13-07-25-H1 - 7/25/2013RESOLUTION NO. R -13-07-25-H1 WHEREAS, Taylor Morrison of Texas, Inc. ("Developer") has contracted to acquire approximately 412.111 acres of land ("Property"), as described in Exhibit "A" to the Development Agreement ("Development"); and WHEREAS, Developer intends to develop the Property as a planned unit development, which include mixed residential and commercial uses; and WHEREAS, the City and Developer desire to enter into a Development Agreement to identify the responsibilities of the Developer and the City in regards to the construction of certain improvements warranted by the proposed Development, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the attached Development Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of July, 2013. ATTEST: bobk, SARA L. WHITE, City Clerk 0112.1304; 00278408 ALAN MCGRAW, Mayor City of Round Rock, Texas DEVELOPMENT AGREEMENT EXHIBIT This Development Agreement ("Agreement") is made by and between the City of Round Rock, Texas (the "City") and Taylor Morrison of Texas, Inc., a Texas corporation (the "Developer"), both acting by and through the duly authorized agents. Recitals WHEREAS, the Developer has contracted to acquire approximately 412.111 acres of land, as described in Exhibit "A" (the "Property") attached hereto and made a part hereof; and WHEREAS, the Developer intends to develop the Property as a planned unit development ("PUD"), which shall include mixed residential and commercial uses (the "Project"); and WHEREAS, a Traffic Impact Analysis ("TIA") for the residential portion of the Project, prepared by HDR, Inc. and dated June 28, 2013 was recently accepted by the City; and WHEREAS, the TIA indicated the need for the construction of certain roadway improvements and traffic signalizations at a future date; and WHEREAS, the City and the Developer desire to co-operate and co-ordinate the construction of these traffic improvements through this Agreement; and WHEREAS, the City and the Developer further desire to co-operate regarding the timing and installation of utilities, including the construction of water and wastewater lines as described herein; and WHEREAS, the Developer is in the process of negotiating the release of a Certificate of Convenience and Necessity from the Jonah Water Special Utility District ("Jonah"); NOW THEREFORE, in consideration of the mutual covenants and agreements made herein, the Developer and the City do hereby agree as follows: Article 1 City Responsibilities 1.1 Waterline Construction. The City shall be solely responsible for all costs related to the construction of two 36" waterlines servicing the Project, shown as University Boulevard 36 -inch Waterline Phase I and 36 -inch Waterline Phase II on Exhibit "B", attached hereto and incorporated herein. 1.1.1 Phase I Waterline. The Phase I waterline, running along University Boulevard from west of FM 1460 to the future right-of-way of Arterial A, will be designed and constructed pursuant to the Capital Improvements Schedule as shown on Exhibit "C", attached hereto and incorporated herein. Avery North final draft 7-24-13 (00278365-6).DOCX 1.1.2 Phase II Waterline. The Phase II waterline, running along the proposed right-of- way for Arterial A, from CR 112 to University Boulevard, will be designed and constructed pursuant to the Capital Improvement Schedule shown on Exhibit "C". 1.1.3 Platting and Permitting Schedule. Except as stated below, the City will not permit the issuance of building permits for the Project until after the Phase I waterline is complete. The Developer remains responsible for the installation of all internal dual waterline feeds within the Project, as required by City regulations and the City Fire Code. If a subdivision is dependent upon the Phase II waterline to meet the dual water line feed requirement, a connection shall be made to said line upon its completion. If the Developer thereafter fails to satisfy the dual waterline feed connection requirement within a reasonable period of time, as determined solely by the City in its reasonable discretion, the City shall have the option to cease issuing permits and certificates of occupancy for portions of the Project affected by such connection requirement until this connection is made. Building permits may be issued for up to six (6) model homes and an amenity center, contingent upon compliance with all applicable conditions in Section 10-51 of the City Code of Ordinances. 1.2 Wastewater Line Construction. The City shall be solely responsible for the design and construction of two wastewater lines serving the Project; shown as MCC3 Wastewater line Phase I and MCC9 Wastewater line Phase II on Exhibit "B". 1.2.1 Phase I Wastewater Line. The Phase I wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit "C". 1.2.2 Phase II Wastewater Line. The Phase II wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit "C". 1.3 City's Failure to Provide Utility Service. If the City is unable or unwilling to design and construct the waterlines and wastewater lines as stated herein, the Developer's sole remedy is as follows: 1.3.1 Water and Wastewater Lines. If the City fails to complete construction of either phase of the waterlines, or wastewater lines, then Developer may proceed with the construction of any phase of said waterlines and/or wastewater lines at its cost. 1.3.1.1 The City shall reimburse said costs, contingent upon receipt of verifiable invoices directly relating to the design and construction of the water and/or wastewater lines. The Developer shall allow the City full access to records to verify said expenditures. 1.3.1.2 The City's reimbursement shall be paid pursuant to the Texas Prompt Payment Act, as stated in Chapter 2251 of the Texas Government Code. 1.3.1.3 The City's reimbursement is contingent upon the City's final approval of design plans prior to bid award, compliance with all of the City's inspection and 2. permitting requirements and the City's acceptance of said line(s). The construction contracts must be bid and awarded pursuant to the Texas Competitive Bidding Act, as stated in Chapter 252 of the Texas Local Government Code. 1.3.1.4 The City will grant all permits and approvals required to allow construction of the Phase I waterline, Phase II waterline, Phase I wastewater line and Phase II wastewater line, as necessary to allow timely completion of those facilities pursuant to standards and requirements comparable to those applied to other similar facilities in the City. 1.3.2 Wastewater Line. If the City fails to construct the wastewater line as provided for herein, the Developer shall have the right, in addition to the rights stated above, to implement a "pump and haul" system delivering the wastewater to the City's nearest manhole. The City will accept wastewater from the Project, provided it meets all state and local requirements. All costs associated with the "pump and haul" process shall be reimbursed by the City, following the procedures listed in Section 1.3.1, above. 1.3.3 Reuse Waterline. The City shall be responsible for the installation of an eight - inch (8') purple pipe reuse water line stub ("Reuse Line") within the south side of the University Boulevard right-of-way at the southeast corner of University Blvd. and AW Grimes Blvd. The Developer agrees to extend this eight -inch (8') Reuse Line from said intersection east and across University Blvd to their Project. This Reuse Line extension will require the Developer to bore University Blvd at a feasible location, as determined by the Developer and City at a later date. Purple pipe reuse lines for irrigation of common areas, right of way landscaping, and parks within the Project shall be installed by the Developer. If the City does not bring the Reuse Line to said intersection by the time of Project development, the Developer shall be authorized to use potable water in the reuse lines until such time that the reuse becomes available. This temporary use of potable water in the reuse lines, and the eventual reuse water, for irrigation purposes will not require impact fees and the Developer shall install a backflow preventer to avoid cross contamination of the public water supply. The City, and not the Developer, shall be responsible for acquiring any and all easements for the Reuse Line outside of the Project. Article 2 Developer Responsibilities 2.1 Project Schedule. The Developer intends to commence construction and development of the Project in 2013. It is estimated that the total build -out of the Project will be complete in 2023. 2.2 Jonah CCN. The Developer shall obtain a CCN release and transfer from Jonah. The City is responsible for filing the paper work and obtaining a release from the Texas Commission of Environmental Quality ("TCEQ"), once the Developer has obtained the release from Jonah. Once the release from Jonah has been finalized, the Project may proceed forward through the development process and approvals/permits are not contingent upon the TCEQ release. 3. 2.3 Water and Wastewater Lines. The Developer agrees that if the Developer opts to construct the water and wastewater lines as stated in Section 1.3 above, the Developer will fully comply with all of the requirements listed in Section 1.3. Developer acknowledges that it must comply with all requirements of the City Code regarding extension of utilities to additional properties other than the Property itself. The parties agree to enter into a reimbursement agreement if the City requires the oversizing of any lines connecting to additional property outside the Project above and beyond Code requirements. 2.4 Road Construction and Phasing. Prior to the issuance of any building permits for single family residences to be constructed within Parcels 1 and 2, as shown on Exhibit "D", attached hereto, (except for building permits allowing the construction of up to six (6) model homes), the Developer shall construct, and the City shall accept, a Primary Road at the location shown as either Road A or Road B in Exhibit "D". This Primary Road shall be constructed pursuant to City standards. Any deviations from City standards must be approved in writing and in advance of construction by the City's Transportation Department. For purposes of this Agreement, the term "Primary Road" shall mean and refer to a road which is either a major collector road or residential collector road, as those terms are utilized in the TIA. 2.4.1 All -Weather Road. Prior to the issuance of any building permits for single family residences to be constructed within Parcels I and 2, as shown on Exhibit "D" (other than permits for up to six (6) model homes), the Developer shall construct an all-weather road, pursuant to the requirements as stated in the City Fire Code, in addition to the access described in Section 2.4, at the location shown at either Road A or Road B in Exhibit "D". The all-weather road may be utilized as a secondary access until and through the issuance of 125 building permits in Parcels 1 and 2. The 126th building permit will not be issued until the all-weather secondary access is converted into a second primary road, constructed pursuant to City standards, and accepted by the City, at a location acceptable to the City Transportation Department. 2.4.2 Parcels 4 and 5 Road Construction. The primary roads shown as Roads A and Road B shall be constructed, and accepted by the City, and connected at the locations shown on Exhibit "D" prior to the issuance of any building permits within Parcels 4 and 5, as shown on Exhibit "D". 2.4.3 Additional Parcels. No building permits will be issued for single family residences within parcels other than Parcels 1-5 without full compliance with the conditions stated herein. Additionally, a Primary Road must be fully constructed and accepted by the City, if contiguous to or contained within the boundaries of each separate final plat prior to the issuance of building permits within each final plat. Notwithstanding Section 2.4.1 above, up to 125 building permits may be issued utilizing two points of access, one of which must be a public road built to city standards and accepted by the City and the other may be an all-weather road. The 126th building permit may not be issued until a second public access is constructed to City standards and accepted by the City. 2.5 Traffic Signalization. The TIA indicates and the Developer agrees that it is responsible for forty percent (40%) of the total costs related to the installation of a traffic signal at the intersection of Road B and University Boulevard, twenty-eight percent (28%) of the total costs 4. related to the installation of a traffic signal at the intersection of Road A and University Boulevard, and twenty-five percent (25%) of the total costs related to the installation of a traffic signal at the intersection of Road C and FM 1460, all as shown on Exhibit "D". 2.5.1 Escrow. The Developer shall place into escrow with the City one hundred percent (100%) of the total estimated amount of the traffic signal installation costs for the traffic signal for Road B within thirty (30) days after receipt of a written request from the City. The City shall install this signal as soon as possible after residents are living within the Project. However, pursuant to State law, this signal will not become fully functional until warrants are met. The Developer may substitute a security bond for the escrowed amount on a form and with a bonding company approved by the City. After the escrow is deposited, the City shall waive all further Developer costs for the other two signals. 2.6 Turn Lanes. Left turn lanes_on University Boulevard at the intersections with Roads A and Bas shown on Exhibit "D" must be constructed by Developer prior to the issuance of the 500th building permit within the Project, if said turn lanes have not been previously constructed by Williamson County or any third party. Article 3 Miscellaneous 3.1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions of this Agreement. 3.2 Representations and Warranties. The City represents and warrants to the Developer that this Agreement is within its authority, and that it is duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Developer represents and warrants to the City that it has the requisite authority to enter into this Agreement. 3.3 Default. If either the City or the Developer should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a period of thirty (30) days to cure such default, provided, however, if the nature of the default does not involve the payment of money and is such that it cannot be reasonably cured within thirty (30) days, then the defaulting party shall have such time as is reasonably necessary to cure the default so long as the cure is commended in thirty (30) days and diligently pursued to completion, prior to instituting an action for breach or pursuing any other remedy for default. If the defaulting party remains in default after notice and opportunity to cure, the non -defaulting party shall have the right to pursue any remedy at law or in equity for the defaulting party's breach. 3.4 Attorney's Fees. In the event any legal action or proceeding is commenced between the City and the Developer to enforce provisions of this Agreement and recover damages for breach, the prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and expenses incurred by reason of such action, to the extent allowed by law. 5. 3.5 Entire Agreement. This Agreement contains the entire agreement between the parties. This Agreement may only be amended, altered or revoked by written instrument signed by the City and the Developer. 3.6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. 3.7 Assignment. The obligations of Developer hereunder shall run with the land. The Developer may assign all or part of its rights and obligations to a third party without the written consent of the City, so long as the assignee has the financial ability and development experience to perform the obligations of Developer hereunder. 3.8 Amendment. This Agreement may be amended by the mutual written agreement of the parties. 3.9 Termination. The City may terminate this Agreement if the Developer has not filed a final plat within five (5) years after the Effective Date. 3.10 Notice. Any notice and or statement required and permitted to be delivered shall be deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses: Developer: City: With a copy to: Taylor Morrison of Texas, Inc. Attn: Adib Khoury 11200 Lakeline Blvd. Suite 150A Austin, TX 78717 Ph: (512) 532-2115 Steve Norwood, City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 Ph: (512) 218-5400 Fx: (512) 218-7097 City Attorney 309 East Main St. Round Rock, TX 78664 Ph: (512) 255-8877 Fx: (512) 255-8986 Either party may designate a different address at any time upon written notice to the other party. 3.11 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial 6. draft of this Agreement, this Agreement shall, in the event of any dispute, however its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any party. 3.12 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws of the State of Texas and venue shall lie in Williamson County, Texas. 3.13 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, it is the intention of the parties that the remainder of this Agreement shall not be affected. It is also the intention of the parties of this Agreement that in lieu of each clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 3.14 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 3.15 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges, or causes of action upon any third party. 3.16. Exhibits. The following Exhibits are attached and incorporated by reference for all purposes: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Property Description Utilities Locations Utility Capital Improvement Schedule Primary Road Locations 3.17 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, its past, present and future officers, elected officials, employees and agents of the City, do not assume any responsibilities or liabilities to any third party in connection with the development to the Project or the design, construction or operation of any portion of the Project. 3.18 Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party shall give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military 7. TAYLOR MORRISON OF TEXAS, INC. By: Its: Date: 7. ?•/5 Date: Attest: Sara White, City Clerk THE CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor City of Round Rock, Texas 8. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF bU13-00 This str ment,was acknowledged b fore me on this the qf'lday of J �.tt , 2013 by e i 1 • Vice Sic - of Taylor Morrison of xas, Inc., on behalf of said corpora ion. „fit;;,.. VERONICA CHANDLER ce° 11. Notary Public. State of Texas a;., .; My Commission Expires ' January 25, 2014 STATE OF TEXAS COUNTY OF WILLIAMSON 1VJAa ca ahs' Notary Public, State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of 2013 by Alan McGraw, Mayor, on behalf of the City of Round Rock, Texas. Notary Public, State of Texas 9. 223.361 Acre Tract Page 1 of 7 DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE, OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/i' iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1/2' iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a %a" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to EXHIBIT 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a'/" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a �h" iron rod with `Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a I/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a '/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a '/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a 'h" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a'/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a %" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/" iron rod with 'Baker-Aicklen" cap set., for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a'/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision . the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 lob No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc 0 0 co 0 • 0 SVX31 `ALNl0O NOSWVI„IM o Sa2J0032I 1VIOIddO CO 8L01"Z86 'ON 1N3Wf3Oa ° (S323OV 807944 a311V9) 'Ol, `dIHS2JJN12IVd A,IWVA OV31S3WOH NOS13N 9, 91 Llf 0 z w w J IRON ROD WITH "BAKER-AICKLEN CAP SET IRON ROD WITH CAP FOUND 0 U 1!2" IRON ROD FOUND NAIL FOUND FENCE POST FOUND CALCULATED POINT 0 0• i 0 4 J N J . 61 CO - J Q W m N N Cn . N -J SVX31 `ALNf100 NOSWVI„IM S02:10O32i 1VIOIddO 8LO1'Z86 'ON INSWf1000 (S32:10V 0£' 4 4 4 0311V0) 1:111 'dIHS213N12�Vd AIIWVd OV31S31N0H NOS13N O N J . • 4 CO J co J 4 4 UNIVERSITY BLVD. H 0 z LU ZONING EXHIBIT AREA 1 223.361 ACRES PROJECT NO. 2173-2-001 PAGE 5 OF 7 W:\PROJECTS\TAYLOR•MORRISON•AVERY NORTH\DWG ZONING\TM•ZONING-AREA 1.dwg [PAGE 5] July 08, 2013-12:38pm LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59'W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69°18'39'W 507.18' L11 S75°16'13"W 100.46' L12 S70°32'01"W 400.06' L14 S78°20'10"W 101.05' L15 N88°25'38"W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' BAKER-AICKLENSD7 WEST IIBBERIYAVE. ROUND ROCK, 78664 V 16 ASSOCIATES, INC. (512)244.9620 ENGINEERING FIRM #F4S EmargEms1 SURVEYORS, vORS, I GIB 1 R.vMEs 1 amm-reara SURVEY FIRM #1 m,31,0 ROUND ROCK TeAE#1787 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51"E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:tPROJECTS\TAYLOR-MORRISON-AVERY NORTHIDWG 20NINGITM-ZONING-AREA 1.dwg [PAGE 6J July 08, 2013- 9:55am 0 AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES.- DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. ® MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. 0 HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 0 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. 70 TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90 CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. CI JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 0_ RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. ABAKER-AICKLEN SO7WESfU9ERIYA� ROUND ROCK,TEXF�9 76664 `& ASSOCIATES, INC. MI 212449620 ENGINEERING MIN # F4S EluseG 1 G 1 HtttVetu+s 1 GIG I R.AN as I L AM:EV- eARD TECTS SURVEY FIRM #100231.0 -HAe #1787 ROUND ROCK AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTS\TAYLOR-MORRISON-AVERY NORTIADWG ZONINGiTM-ZONING-AREA 1.dwg [PAGE 7] July 08, 2013-9:55am 191.444 Acre Tract Page 1 of 8 DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF: A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALI .FD 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN VOLUME 2711, PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF: A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion, same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the northeast comer of said 2.694 acre portion, same being the southwest corner of said 4,8926 acre tract, same being the most westerly northwest corner of said 118.53 acre tract, for ah angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a '/a" iron rod with "Baker-Aicklen" cap set for a non -tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the arc of a curve to the left, having a radius of 11901.20 feet, an arc length of 1529.32 feet, a central 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a 1" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner hereof; THENCE continuing through the interior of said 144.41 acre tract, N 68°57'13" E for a distance of 1711.38 feet to a 1/z" iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County, for an angle point hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53' 18" E for a distance of 493.09 feet to a 1/" iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre Tract, the following eight (8) courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a 1/" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract, for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S 05°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42'07" W for a distance of 267.37 feet to a fence post found, for an angle point hereof, 5. S 06°55'57" W for a distance of 577.76 feet to a fence post found, for an angle point hereof, 6. S 02°54'37" W for a distance of 4.18 feet to a fence post found, for an angle point hereof, and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 8. S 22°27'01" E for a distance of 151.38 feet to an iron rod with cap found for the southeast corner of said 118.53 acre tract, same being the northeast corner of a called 53.02 acre tract of land in deed to Charles N. Avery, III, Et. Al., recorded in document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the south boundary line of said 118.53 acre tract, same being the north boundary line of said 53.02 acre tract, S 74°28'37" W for a distance of 1901.33 feet to a' " iron rod with "Baker-Aicklen" cap set for the southwest corner of said 118.53 acre tract, same being an angle point on the north boundary line of said 53.02 acre tract, same being the southeast corner of said 3.79 acre tract, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. S 46°14'14" W for a distance of 10.92 feet to a'/i' iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. S 50°33'44" W for a distance of 184.07 feet to a I/z" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 3.79 acre tract, same being the northwest corner of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, for an angle point hereof; THENCE with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, S 24°18'59" E for a distance of 316.94 feet to a 1/2" iron rod with "Baker-Aiclden" cap set for the southeast corner of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the south boundary line of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, the following two (2) courses and distances: 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle point hereof, and 2. S 68°56'29" W for a distance of 51.12 feet to a 1" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 2.694 acre portion, same being the southeast corner of a called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, for an angle point hereof; THENCE with the west boundary line of said 2.694 acre portion, same being the east boundary line of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a' " 191.444 Acre Tract Page 4 of 8 iron rod with "Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract, for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract, in part with the north boundary line of said 1.16 acre tract, in part with the north boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County, the following three (3) courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a'/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a'/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. S 67°32'56" W for a distance of 808.77 feet to a i/" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a'/" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545.33 feet to a'/" iron rod with 'Baker-Aicklen" cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, N 21°01'52" W for a distance of 1116.55 feet to a'/" iron rod with "Baker-Aicklen" cap set, same being on the south right-of-way line of County Road 186, for the most westerly northwest corner hereof; 191.4'14 Acre Tract Page 5of8 '!HENCE, with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a '/z" iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion, N 21°29'43" W for a distance of 31.58 feet to a '/z' iron rod with 'Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three (3) courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a'/z' iron rod with 'Baker-Aicklen" cap set for an angle point hereof, 2. N 68°44'40" E for a distance of 236.22 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. N 68°42'10" E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD .83, Central Zone (4203). Surveyed under the direct supervision of the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\1VlETES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -2-191.444 acre tract.doc SVX31 `AINflOO NOSWVI11IM Saa0031:1 0118ld lVI01dJO tL6£00900Z 'ON 1N30/f1OO13 (S3ZIOv 99'EZ a311vO) dl `X31dS1HOdS,Wld 3ldIHI SVX31 `AINlo0 NOSIWI11IM sa o03a 1vio1dio 8LOVZ86 'ON IN31,11f10Oa (s32:JOH 80"Z91.. a311V0) 'all 'dIHS1d3N12:1Vd A11WVd OV31S31A1OH NOS13N J dN' J O z w 0 w J IRON ROD WITH "BAKER-AICKLEN CAP SET IRON ROD WITH CAP FOUND 1/2" IRON ROD FOUND NAIL FOUND FENCE POST FOUND CALCULATED POINT a 0 0• 1 o d J LL • Z H z z w m COUNTY ROAD 186 1 SVX31'AiNl00 NOSWWI11IM so8o032:11VIOIddO 8L0t7Z86 'ON IN301f1OOa (S32iov 0£' 6 I.6 0311`0) '011 `dIHS2:13Nlab'd �l1MVJ 0V31S2WOH NOS13N 0 z W w J co O - JCO < n Z C7 0 ZONING EXHIBIT 191.444 ACRES PROJECT NO. 2173-2-001 PAGE 6 OF 8 U 0 W:IPROJECTSITAYC.OR-MORRISON-AVERY NORTHIDWG ZON INGITM-ZONING-AREA 2.dwg [PAGE 81 July 08, 2013 - 1:07pm CURVE TABLE CURVE NO. RADIUS ARC LENGTH CENTRAL ANGLE CHORD BEARING CHORD DISTANCE C1 11901.20' 1529.32' 007°21'45" N24°16'08"W 1528.27' LINE TABLE LINE NO. BEARING DISTANCE L33 N66°28'26"E 96.97' L34 N71 °29'15"E 403.98' L35 N68°57'13"E 1711.38' L36 N68°53'18"E 493.09' L37 S21 °23'57"E 1094.60' L38 S05°13'37"W 35.58' L39 S06°55'57'W 577.76' L40 S02°54'37"W 4.18' L41 S29°07'24"E 27.53' L42 S22°27'01"E 151.38' L43 S74°28'37"W 1901.33' L44 S46°14'14"W 10.92' L45 S50°33'44"W 184.07' L46 S24°18'59"E 316.94' L47 S68°57'45"W 52.41' ' L48 N24°01'20"W 270.57' L49 S50°54'32"W 219.16' L50 S62°06'02"W 271.55' L51 S67°32'56"W 808.78' L54 S21 °29'43"E 150.37' la BAKER-AICKLEN 507N/ESi UBERIYAVE RDUND ROCK 7EJUla 76664 V & ASSOCIATES, INC. (5123244'382°, FIRM # F45 SURVEY FIRM #100231-0 TBAE#7787 E1433.10ERS 1 SURVEYORS 1 GIs I FtMrEra I t.xaEr- nzra-rrE>ra ROUND ROCK LINE TABLE LINE NO. BEARING DISTANCE L55 S68°56'29"W 1545.33' L56 N21 °01'52"W 1116.55' L57 N68°29'58"E 1536.25' L58 N21 °29'43"W 31.58' L59 N68°39'10"E 334.16' L60 N68°44'40"E 236.22' L61 N68°42'10"E 677.53' L62 S21 °26'13"E 426.58' L64 S68°56'29"W 51.12' L65 S06°42'07"W 267.37' AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 7 OF 8 PROJECT NO. 2173-2-001 WAPROJECTS\TAYLOR-MORRISON-AVERY NORTHiDWG ZONINGITM-ZONING-AREA 2.dwg [PAGE 7] July 08, 2013 - 1:07pm ® AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. ® MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. 70. TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. ® CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. CI RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14 CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. -31 BAKER-AICKLEN 5D7WE.CK,N T KAVE. RDUND ROTEXA.n 76664 & ASSOCIATES, INC. (5123244-9520, FIRM#F45 ENGINEERS 1 SURVETCPS I GIs I PLAMEl8 J L APLIZC sEpRartry-rs 5URVEY FlRM #100231-0 ROUND ROCK TmAE#1767 AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 8 OF 8 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 2-dwg [PAGE 8j July 08, 2013 - 1:07pm UNIVERSITY BLVD 36" WATER LINE PHASE 1 N EXHIBIT "B" Path: O:NJorkspaces GISHUtdittes workspaceVdAPS!20131hortheaslRoundRockUGiities!NEReur,RockU6l.r.d EXHIBIT "C" Northeast Round Rock Water Capital Improvem Project Name Length (L.F.) Proposed Hire Design Engineer Proposed Bid Opening Proposed Construction Completion University Blvd 36" Phase 1 4,200 May -13 Dec -13 Oct- 14 36" WL Parcel 150 Phase 2 6,500 Jun -13 Jan -14 Oct- 14 Northeast Round Rock wastewater Capital Improvements Schedule Project Name Length (L.F.) Proposed Hire Design Engineer Proposed Bid Opening Proposed Construction Completion McNutt Creek C3 36" 2,475 May -13 Dec -13 Oct- 14 McNutt Creek C9 24" 6,263 May -13 Dec -13 Oct- 14 P 5 1tcms PURPOSE PASSION PPOSPERRC City of Round Rock Agenda Item Summary Agenda Number: H.1 Title: Type: Governing Body: Agenda Date: Dept Director: Cost: Indexes: Attachments: Consider a resolution authorizing the Mayor to execute a Development Agreement with Taylor Morrison regarding the development of 412.111 acres in the Joseph Mott Survey. Resolution City Council 7/25/2013 Brad Wiseman, Planning & Development Services Director $6,984,338.00 Self -Financed Wastewater Construction; Self -Financed Water Construction Resolution, Exhibit A, Vicinity Map Avery North Text of Legislative File 13-478 A development agreement is proposed concurrently with the voluntary annexation and Planned Unit Development (PUD) zoning for the Avery North tract. This agreement identifies the responsibilities of the developer and the City in regards to the construction of certain improvements. The City will be responsible for the construction of two water lines and two wastewater lines to serve the property. The developer is responsible for obtaining a service release and transfer from the Jonah utility district. In addition, the developer is responsible for road construction once certain triggers are met and a share of traffic intersection signalization . The budgeted amounts, including engineering, construction and contingencies, for the water and wastewater lines are estimated as follows: University Boulevard 36" Water Line - $ 2,100,000 Parcel 150 36" Water Line - $ 1,600,000 MCC3 Wastewater Line - $ 1,317,320 MCC9 Wastewater Line - $ 1,967,018 Cost: $6,984,338.00 Source of Funds: Self -financed water and wastewater construction Staff recommends approval. City of Round Rock Page 1 Printed on 7/19/2013 EXECUTED ORIGINAL DOCUMENT FOLLOW DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is made by and between the City of Round Rock, Texas (the "City") and Taylor Morrison of Texas, Inc., a Texas corporation (the "Developer"), both acting by and through the duly authorized agents. Recitals WHEREAS, the Developer has contracted to acquire approximately 412.111 acres of land, as described in Exhibit "A" (the "Property") attached hereto and made a part hereof; and WHEREAS, the Developer intends to develop the Property as a planned unit development ("PUD"), which shall include mixed residential and commercial uses (the "Project"); and WHEREAS, a Traffic Impact Analysis ("TIA") for the residential portion of the Project, prepared by HDR, Inc. and dated June 28, 2013 was recently accepted by the City; and WHEREAS, the TIA indicated the need for the construction of certain roadway improvements and traffic signalizations at a future date; and WHEREAS, the City and the Developer desire to co-operate and co-ordinate the construction of these traffic improvements through this Agreement; and WHEREAS, the City and the Developer further desire to co-operate regarding the timing and installation of utilities, including the construction of water and wastewater lines as described herein; and WHEREAS, the Developer is in the process of negotiating the release of a Certificate of Convenience and Necessity from the Jonah Water Special Utility District ("Jonah"); NOW THEREFORE, in consideration of the mutual covenants and agreements made herein, the Developer and the City do hereby agree as follows: Article 1 City Responsibilities 1.1 Waterline Construction. The City shall be solely responsible for all costs related to the construction of two 36" waterlines servicing the Project, shown as University Boulevard 36 -inch Waterline Phase I and 36 -inch Waterline Phase II on Exhibit "B", attached hereto and incorporated herein. 1.1.1 Phase I Waterline. The Phase I waterline, running along University Boulevard from west of FM 1460 to the future right-of-way of Arterial A, will be designed and constructed pursuant to the Capital Improvements Schedule as shown on Exhibit "C", attached hereto and incorporated herein. Avery North final draft 7-24-13 (00278365-6).DOCX 1.1.2 Phase II Waterline. The Phase II waterline, running along the proposed right-of- way for Arterial A, from CR 112 to University Boulevard, will be designed and constructed pursuant to the Capital Improvement Schedule shown on Exhibit "C". 1.1.3 Platting and Permitting Schedule. Except as stated below, the City will not permit the issuance of building permits for the Project until after the Phase I waterline is complete. The Developer remains responsible for the installation of all internal dual waterline feeds within the Project, as required by City regulations and the City Fire Code. If a subdivision is dependent upon the Phase II waterline to meet the dual water line feed requirement, a connection shall be made to said line upon its completion. If the Developer thereafter fails to satisfy the dual waterline feed connection requirement within a reasonable period of time, as determined solely by the City in its reasonable discretion, the City shall have the option to cease issuing permits and certificates of occupancy for portions of the Project affected by such connection requirement until this connection is made. Building permits may be issued for up to six (6) model homes and an amenity center, contingent upon compliance with all applicable conditions in Section 10-51 of the City Code of Ordinances. 1.2 Wastewater Line Construction. The City shall be solely responsible for the design and construction of two wastewater lines serving the Project; shown as MCC3 Wastewater line Phase I and MCC9 Wastewater line Phase II on Exhibit "B". 1.2.1 Phase I Wastewater Line. The Phase I wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit "C". 1.2.2 Phase II Wastewater Line. The Phase II wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit "C". 1.3 City's Failure to Provide Utility Service. If the City is unable or unwilling to design and construct the waterlines and wastewater lines as stated herein, the Developer's sole remedy is as follows: 1.3.1 Water and Wastewater Lines. If the City fails to complete construction of either phase of the waterlines, or wastewater lines, then Developer may proceed with the construction of any phase of said waterlines and/or wastewater lines at its cost. 1.3.1.1 The City shall reimburse said costs, contingent upon receipt of verifiable invoices directly relating to the design and construction of the water and/or wastewater lines. The Developer shall allow the City full access to records to verify said expenditures. 1.3.1.2 The City's reimbursement shall be paid pursuant to the Texas Prompt Payment Act, as stated in Chapter 2251 of the Texas Government Code. 1.3.1.3 The City's reimbursement is contingent upon the City's final approval of design plans prior to bid award, compliance with all of the City's inspection and 2. permitting requirements and the City's acceptance of said line(s). The construction contracts must be bid and awarded pursuant to the Texas Competitive Bidding Act, as stated in Chapter 252 of the Texas Local Government Code. 1.3.1.4 The City will grant all permits and approvals required to allow construction of the Phase I waterline, Phase II waterline, Phase I wastewater line and Phase II wastewater line, as necessary to allow timely completion of those facilities pursuant to standards and requirements comparable to those applied to other similar facilities in the City. 1.3.2 Wastewater Line. If the City fails to construct the wastewater line as provided for herein, the Developer shall have the right, in addition to the rights stated above, to implement a "pump and haul" system delivering the wastewater to the City's nearest manhole. The City will accept wastewater from the Project, provided it meets all state and local requirements. All costs associated with the "pump and haul" process shall be reimbursed by the City, following the procedures listed in Section 1.3.1, above. 1.3.3 Reuse Waterline. The City shall be responsible for the installation of an eight - inch (8') purple pipe reuse water line stub ("Reuse Line") within the south side of the University Boulevard right-of-way at the southeast corner of University Blvd. and AW Grimes Blvd. The Developer agrees to extend this eight -inch (8') Reuse Line from said intersection east and across University Blvd to their Project. This Reuse Line extension will require the Developer to bore University Blvd at a feasible location, as determined by the Developer and City at a later date. Purple pipe reuse lines for irrigation of common areas, right of way landscaping, and parks within the Project shall be installed by the Developer. If the City does not bring the Reuse Line to said intersection by the time of Project development, the Developer shall be authorized to use potable water in the reuse lines until such time that the reuse becomes available. This temporary use of potable water in the reuse lines, and the eventual reuse water, for irrigation purposes will not require impact fees and the Developer shall install a backflow preventer to avoid cross contamination of the public water supply. The City, and not the Developer, shall be responsible for acquiring any and all easements for the Reuse Line outside of the Project. Article 2 Developer Responsibilities 2.1 Project Schedule. The Developer intends to commence construction and development of the Project in 2013. It is estimated that the total build -out of the Project will be complete in 2023. 2.2 Jonah CCN. The Developer shall obtain a CCN release and transfer from Jonah. The City is responsible for filing the paper work and obtaining a release from the Texas Commission of Environmental Quality ("TCEQ"), once the Developer has obtained the release from Jonah. Once the release from Jonah has been finalized, the Project may proceed forward through the development process and approvals/permits are not contingent upon the TCEQ release. 3. 2.3 Water and Wastewater Lines. The Developer agrees that if the Developer opts to construct the water and wastewater lines as stated in Section 1.3 above, the Developer will fully comply with all of the requirements listed in Section 1.3. Developer acknowledges that it must comply with all requirements of the City Code regarding extension of utilities to additional properties other than the Property itself. The parties agree to enter into a reimbursement agreement if the City requires the oversizing of any lines connecting to additional property outside the Project above and beyond Code requirements. 2.4 Road Construction and Phasing. Prior to the issuance of any building permits for single family residences to be constructed within Parcels 1 and 2, as shown on Exhibit "D", attached hereto, (except for building permits allowing the construction of up to six (6) model homes), the Developer shall construct, and the City shall accept, a Primary Road at the location shown as either Road A or Road B in Exhibit "D". This Primary Road shall be constructed pursuant to City standards. Any deviations from City standards must be approved in writing and in advance of construction by the City's Transportation Department. For purposes of this Agreement, the term "Primary Road" shall mean and refer to a road which is either a major collector road or residential collector road, as those terms are utilized in the TIA. 2.4.1 All -Weather Road. Prior to the issuance of any building permits for single family residences to be constructed within Parcels 1 and 2, as shown on Exhibit "D" (other than permits for up to six (6) model homes), the Developer shall construct an all-weather road, pursuant to the requirements as stated in the City Fire Code, in addition to the access described in Section 2.4, at the location shown at either Road A or Road B in Exhibit "D". The all-weather road may be utilized as a secondary access until and through the issuance of 125 building permits in Parcels 1 and 2. The 126th building permit will not be issued until the all-weather secondary access is converted into a second primary road, constructed pursuant to City standards, and accepted by the City, at a location acceptable to the City Transportation Department. 2.4.2 Parcels 4 and 5 Road Construction. The primary roads shown as Roads A and Road B shall be constructed, and accepted by the City, and connected at the locations shown on Exhibit "D" prior to the issuance of any building permits within Parcels 4 and 5, as shown on Exhibit "D". 2.4.3 Additional Parcels. No building permits will be issued for single family residences within parcels other than Parcels 1-5 without full compliance with the conditions stated herein. Additionally, a Primary Road must be fully constructed and accepted by the City, if contiguous to or contained within the boundaries of each separate final plat prior to the issuance of building permits within each final plat. Notwithstanding Section 2.4.1 above, up to 125 building permits may be issued utilizing two points of access, one of which must be a public road built to city standards and accepted by the City and the other may be an all-weather road. The 126th building permit may not be issued until a second public access is constructed to City standards and accepted by the City. 2.5 Traffic Signalization. The TIA indicates and the Developer agrees that it is responsible for forty percent (40%) of the total costs related to the installation of a traffic signal at the intersection of Road B and University Boulevard, twenty-eight percent (28%) of the total costs 4. related to the installation of a traffic signal at the intersection of Road A and University Boulevard, and twenty-five percent (25%) of the total costs related to the installation of a traffic signal at the intersection of Road C and FM 1460, all as shown on Exhibit "D". 2.5.1 Escrow. The Developer shall place into escrow with the City one hundred percent (100%) of the total estimated amount of the traffic signal installation costs for the traffic signal for Road B within thirty (30) days after receipt of a written request from the City. The City shall install this signal as soon as possible after residents are living within the Project. However, pursuant to State law, this signal will not become fully functional until warrants are met. The Developer may substitute a security bond for the escrowed amount on a form and with a bonding company approved by the City. After the escrow is deposited, the City shall waive all further Developer costs for the other two signals. 2.6 Turn Lanes. Left turn lanes_on University Boulevard at the intersections with Roads A and Bas shown on Exhibit "D" must be constructed by Developer prior to the issuance of the 500th building permit within the Project, if said turn lanes have not been previously constructed by Williamson County or any third party. Article 3 Miscellaneous 3.1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions of this Agreement. 3.2 Representations and Warranties. The City represents and warrants to the Developer that this Agreement is within its authority, and that it is duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Developer represents and warrants to the City that it has the requisite authority to enter into this Agreement. 3.3 Default. If either the City or the Developer should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a period of thirty (30) days to cure such default, provided, however, if the nature of the default does not involve the payment of money and is such that it cannot be reasonably cured within thirty (30) days, then the defaulting party shall have such time as is reasonably necessary to cure the default so long as the cure is commended in thirty (30) days and diligently pursued to completion, prior to instituting an action for breach or pursuing any other remedy for default. If the defaulting party remains in default after notice and opportunity to cure, the non -defaulting party shall have the right to pursue any remedy at law or in equity for the defaulting party's breach. 3.4 Attorney's Fees. In the event any legal action or proceeding is commenced between the City and the Developer to enforce provisions of this Agreement and recover damages for breach, the prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and expenses incurred by reason of such action, to the extent allowed by law. 5. 3.5 Entire Agreement. This Agreement contains the entire agreement between the parties. This Agreement may only be amended, altered or revoked by written instrument signed by the City and the Developer. 3.6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. 3.7 Assignment. The obligations of Developer hereunder shall run with the land. The Developer may assign all or part of its rights and obligations to a third party without the written consent of the City, so long as the assignee has the financial ability and development experience to perform the obligations of Developer hereunder. 3.8 Amendment. This Agreement may be amended by the mutual written agreement of the parties. 3.9 Termination. The City may terminate this Agreement if the Developer has not filed a final plat within five (5) years after the Effective Date. 3.10 Notice. Any notice and or statement required and permitted to be delivered shall be deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses: Developer: City: With a copy to: Taylor Morrison of Texas, Inc. Attn: Adib Khoury 11200 Lakeline Blvd. Suite 150A Austin, TX 78717 Ph: (512) 532-2115 Steve Norwood, City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 Ph: (512) 218-5400 Fx: (512) 218-7097 City Attorney 309 East Main St. Round Rock, TX 78664 Ph: (512) 255-8877 Fx: (512) 255-8986 Either party may designate a different address at any time upon written notice to the other party. 3.11 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial 6. draft of this Agreement, this Agreement shall, in the event of any dispute, however its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any party. 3.12 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws of the State of Texas and venue shall lie in Williamson County, Texas. 3.13 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, it is the intention of the parties that the remainder of this Agreement shall not be affected. It is also the intention of the parties of this Agreement that in lieu of each clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 3.14 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 3.15 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges, or causes of action upon any third party. 3.16. Exhibits. The following Exhibits are attached and incorporated by reference for all purposes: Exhibit "A" Property Description Exhibit "B" Utilities Locations Exhibit "C" Utility Capital Improvement Schedule Exhibit "D" Primary Road Locations 3.17 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, its past, present and future officers, elected officials, employees and agents of the City, do not assume any responsibilities or liabilities to any third party in connection with the development to the Project or the design, construction or operation of any portion of the Project. 3.18 Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party shall give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military 7. authority; lightning; fires; hurricanes; storms; floods; or other natural disasters or other causes not reasonably within the control of the party claiming such inability. 3.19 Effective Date. This Agreement becomes effective when signed by the last party whose signature makes this Agreement fully executed. IN WITNESS WHEREOF, DEVELOPER AND THE CITY have executed duplicate counterparts to effectuate this Agreement to be effective as of the last date of due execution. TAYLOR MORRISON OF TEXAS, INC. By: ,�� Its: Date: 70,5.. / Date: Kj(711--- Sara White, City Clerk THE CITY OF ROUND ROCK, TEXAS By: Pe1 A/ ---- Alan McGraw, Mayor City of Round Rock, Texas -1-25.13 8. ACKNOWLEDGMENT STATE OF TEXAS COUNTY 416 L.1t(siM y� This instrument was acknowl dged efore me on this the �a day of 2013, by Q&a, ��h \,c(t,- XuA.t4± of Taylor Morrison of Texas, Inc., on behalf of ail corporation ,00tii:iii,,,;y�,_ ,'*J\Z•.OPRY •PUBlj%% • iN — Nota Public State of Texas as •s> •P`�!/:;XPIR•• s- *„ /-11:206 */-11-206 ,Ns$' /; f a, ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this the 2 -day of JLIJij , 2013, by Alan McGraw, Mayor, on behalf of the Cityof Round Rock, Texas. Y WP:0 = Notary Publi State of Te z• o , ,,, = • ��r-ITE of t: �•' V•`\��,EXPt. ••\,i%O9iO9O\\N\\ '�",,, 9. 223.361 Acre Tract Page 1 of 7 DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1/" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to EXHIBIT 3 HA., 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a '/" iron rod with 'Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a 1/2" iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a 1h" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a 1/" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision • the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 5] July 08, 2013 - 12:38pm L JO 9 3OVd 600 -Z -CL I Z 'ON iO31Oad San/ L-9E'EZZ 0 thij a- itit M F4 0O as 0� �pP�[ L'J m r_ V r 0o r rn NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS • ti ► •ti r_ mr r N r 4. N r- 3 00r L9 t.,.p L70 L6 P L5 0— \ • !C L24 N N D 0 ► • o 0 1NIOd 431VlfOIVO CIN[lOd ISOd 3ON3d ❑NfOd IIVN • Or 0 Or A •!OrA • • • • r N 00 N r w 4N[lOd OOLI NOMI 2/1. n 0 z 0 0 © Ooo rAI • ell r wI L1 c; 0> X m ANNIE NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 1162.08 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS O o \ 4N[lOd dVO HIIM Q02I NOM! IRON ROD WITH "BAKER-AICKLEN CAP SET m G) m z LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59'W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69°18'39"W 507.18' L11 S75°16'13"W 100.46' L12 S70°32'01"W 400.06' L14 S78°2010"W 101.05' L15 N88°25'38"W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' BAKER-AICKLEN ROUND OCIG501. ROCK,Tt7UL5 BBERTYAVE. 78664 & ASSOCIATES, INC. (512) 244-9620 ENGINEERING FIRM # F-45 ENGINEERS I SuRvercias 1 els I R. s 1 Lalloscapc as rrEars SURVEY FIRM #100231.0 ROUND ROCK THAE #1767 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°5629"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51 "E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 6] July 08, 2013 - 9:55am 0 AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES- DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 50 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. 70 TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. ®. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG, 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER-AICKLEN 5O7WEST LJ8ERIYAVE. 11 ROUND RDCK,�>=was 7E1664r & ASSOCIATES, INC. (5121244,9620 ENGINEERING FIRM # F45 ewiSs I SUR,6YSs 1 GIS I Flarras 1 L NDErAFENairFIIrs SURVEY FIRM#103231.0 ROUND ROCK TBAE #1787 AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 7] July 08, 2013 - 9:55am 191.444 Acre Tract Page 1 of 8 DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF: A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN VOLUME 2711, PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF: A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion, same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the northeast comer of said 2.694 acre portion, same being the southwest corner of said 4.8926 acre tract, same being the ntost westerly northwest corner of said 118.53 acre tract, for ah angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a 1" iron rod with "Baker-Aicklen" cap set for a non -tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the arc of a curve to the left, having a radius of 11901.20 feet, an arc length of 1529.32 feet, a central 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner hereof; THENCE continuing through the interior of said 144.41 acre tract, N 68°57'13" E for a distance of 1711.38 feet to a 1" iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County, for an angle point hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53'18" E for a distance of 493.09 feet to a 1/2" iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre Tract, the following eight (8) courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a 1/2" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract, for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S 05°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42'07" W for a distance of 267.37 feet to a fence post found, for an angle point hereof, 5. S 06°55'57" W for a distance of 577.76 feet to a fence post found, for an angle point hereof, 6. S 02°54'37" W for a distance of 4.18 feet to a fence post found, for an angle point hereof, and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 8. S 22°27'01" E for a distance of 151.38 feet to an iron rod with cap found for the southeast corner of said 118.53 acre tract, same being the northeast comer of a called 53.02 acre tract of land in deed to Charles N. Avery, III, Et. Al., recorded in document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the south boundary line of said 118.53 acre tract, same being the north boundary line of said 53.02 acre tract, S 74°28'37" W for a distance of 1901.33 feet to a %" iron rod with 'Baker-Aiclden" cap set for the southwest corner of said 118.53 acre tract, same being an angle point on the north boundary line of said 53.02 acre tract, same being the southeast corner of said 3.79 acre tract, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. S 46°14'14" W for a distance of 10.92 feet to a I/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. S 50°33'44" W for a distance of 184.07 feet to a'/" iron rod with 'Baker-Aicklen" cap set for the southwest corner of said 3.79 acre tract, same being the northwest corner of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, for an angle point hereof; THENCE with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, S 24°18'59" E for a distance of 316.94 feet to a 1" iron rod with 'Baker-Aicklen" cap set for the southeast corner of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the south boundary line of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, the following two (2) courses and distances: 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle point hereof, and 2. S 68°56'29" W for a distance of 51.12 feet to a'/i" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 2.694 acre portion, same being the southeast corner of a called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, for an angle point hereof; THENCE with the west boundary line of said 2.694 acre portion, same being the east boundary line of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a'/i' 191.444 Acre Tract Page 4 of 8 iron rod with "Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract, for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract, in part with the north boundary line of said 1.16 acre tract, in part with the north boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County, the following three (3) courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a'/a" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a 1" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. S 67°32'56" W for a distance of 808.77 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a'/" iron rod with 'Baker-Aicklen" cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545.33 feet to a 1/" iron rod with "Baker-Aicklen" cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, N 21°01'52" W for a distance of 1116.55 feet to a 1" iron rod with "Baker-Aicklen" cap set, same being on the south right-of-way line of County Road 186, for the most westerly northwest corner hereof; 191.444 Acre Tract Page 5 of 8 THENCE, with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a'/i' iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion, N 21°29'43" W for a distance of 31.58 feet to a t/i' iron rod with "Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three (3) courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a'/2" iron rod with "Baker-Aicklen" cap set for an angle point hereof, 2. N 68°44'40" E for a distance of 236.22 feet to a' " iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. N 68°42'10" E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervi,8i.on of the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 ala Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -2-191.444 acre tract.doc W:IPROJECTSITAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 2.dwg [PAGE 6] July 08, 2013-1:07pm �JJ En M o a - D D mC] r? Sr) o Z m o wg z� m N O * z ct m R 8 d0 9 2OVd 600 -Z -EL(- 'ON.103rO2[d S32IOY Mbti' 666 1.IeIHX3 ONINOZ i 0o 0 0 31VOS 1VNI012IO H12:10 N Jk:1 iAV NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS L56 981- aVO1:I A.N (lOO INIOd a3 Mlno do aNflOJ 1SOd 3ON3d aNflOi 1 VN aN[lOd 4021 N021I �Z/6 aNflOd dVO HIIM CON NO2II r N -n L62 NELSON HOMESTEAD FAMILY -o PARTNERSHIP, LTD. r (CALLED 1162.08 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS TRIPLE PLAY SPORTSPLEX, LP (CALLED 23.65 ACRES) DOCUMENT NO. 2005003974 g OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS IRON ROD WITH 'BAKER-AICKLEN CAP SET r m 6) m z CURVE TABLE CURVE NO. RADIUS ARC LENGTH CENTRAL ANGLE CHORD BEARING CHORD DISTANCE C1 11901.20' 1529.32' 007°21'45" N24°16'08"W 1528.27' LINE TABLE LINE NO. BEARING DISTANCE L33 N66°28'26"E 96.97' L34 N71 °29'15"E 403.98' L35 N68°57'13"E 1711.38' L36 N68°53'18"E 493.09' L37 S21 °23'57"E 1094.60' L38 S05°13'37"W 35.58' L39 S06°55'57"W 577.76' L40 S02°54'37"W 4.18' L41 S29°07'24"E 27.53' L42 S22°27'01"E 151.38' L43 S74°28'37"W 1901.33' L44 S46°14'14"W 10.92' L45 S50°33'44"W 184.07' L46 S24°18'59"E 316.94' L47 S68°57'45"W 52.41' L48 N24°01'20"W 270.57' L49 S50°54'32"W 219.16' L50 S62°06'02"W 271.55' L51 S67°32'56"W 808.78' L54 S21 °29'43"E 150.37' 1-3, BAKER-AICKLEN 5CJC U6ERiYAVE 64 ROUNNDD ROCfC, TEXAS 766 ASSOCIATES, INC. `5171244,9620 ENGINEERING FIRM # F•45 Chneramws I SuRvere s 1 GIs 1 PuenNEws 1 rs SURVEY ,,,,i #10=3,43 ROUND ROCK TBAE#1767 LINE TABLE LINE NO. BEARING DISTANCE L55 S68°56'29"W 1545.33' L56 N21 °01'52"W 1116.55' L57 N68°29'58"E 1536.25' L58 N21 °29'43"W 31.58' L59 N68°39'10"E 334.16' L60 N68°44'40"E 236.22' L61 N68°42'10"E 677.53' L62 S21 °26'13"E 426.58' L64 S68°56'29"W 51.12' L65 S06°42'07"W 267.37' AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 7 OF 8 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 2.dwg [PAGE 7] July 08, 2013 - 1:07pm 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 0 MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. ® MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. Q TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. ® CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. CDI JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14 CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER-AICKLEN 5D7WESTLIBERiYAVE ROUND ROCIC,TD(ILa 79664. Si ASSOCIATES, INC, 15 1 21 244-9620 ENGINEERING FIRM # F45 I SuRvEvoas GIS 1 1 LANDEr-ApEpao-rrEcTs SURVEY FIRM #1 OD231-0 ROUND ROCK TBAE #1 767 AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 8 OF 8 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONINGITM-ZONING-AREA 2.dwg [PAGE 8] July 08, 2013-1:07pm UNIVERSITY BLVD 36" WATER LINE PHASE 1 EXHIBIT "B" Fath 0 EXHIBIT "C" Northeast Round Rock Water Capital Improvements Schedule Project Name Length (L.F.) Proposed Hire Design Engineer Proposed Bid Opening Proposed Construction Completion University Blvd 36" Phase 1 4,200 May -13 Dec -13 Oct- 14 36" WL Parcel 150 Phase 2 6,500 Jun -13 Jan -14 Oct- 14 Northeast Round Rock Wastewater Capital Improvements Schedule Project Name Length (L.F.) Proposed Hire Design Engineer Proposed Bid Opening Proposed Construction Completion McNutt Creek C3 36" 2,475 May -13 Dec -13 Oct- 14 McNutt Creek C9 24" 6,263 May -13 Dec -13 Oct- 14 zX ©I c — ZRI 0 z 2•