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R-2018-5694 - 7/26/2018 RESOLUTION NO. R-2018-5694 WHEREAS, City of Round Rock ("City") is the owner of the real property located at 650 Hesters Crossing Road, Round Rock, Texas 78681 used for an elevated water storage tank (hereinafter, "City Property"), further described in Exhibit"A" attached hereto; and WHEREAS, M4 La Frontera II, LLC ("M4") is the owner of the real property located at 710 Hesters Crossing Road, Round Rock, Texas 78681 known as The Summit at La Frontera (hereinafter, "Summit II Property"), further described in Exhibit"B" attached hereto; and WHEREAS, M4 desires to construct a driveway and other improvements across a portion of the City Property to provide pedestrian and vehicular ingress and egress to and from the Summit II Property and Hesters Crossing Road; and WHEREAS, City desires to grant M4 certain access rights and privileges upon the City Property for the purpose of constructing such driveway and other improvements as described herein, 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 a Development Agreement Regarding Summit II Improvements with M4 La Frontera II, LLC, a copy of which is attached hereto as Exhibit"A". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 0112.1804;00405619 RESOLVED this 26th day of July, 2018. CRAIG MO GAN, ay r City of Rou d Rock, as ATTEST: SARA L. WHITE, City Clerk 2 EXHIBIT "A„ STATE OF TEXAS § DEVELOPMENT AGREEMENT § REGARDING COUNTY OF WILLIAMSON § SUMMIT II IMPROVEMENTS This is a DEVELOPMENT AGREEMENT (the "Agreement") by and between CITY OF ROUND ROCK, TEXAS, a Texas home rule municipality ("City") and M4 LA FRONTERA II, LLC, a Texas limited liability company ("M4"). City and M4 together shall be referred to herein as "the Parties." The Effective Date of this Agreement is the date this Agreement is approved by the City Council of Round Rock,Texas. WHEREAS, City is the owner of the real property located at 650 Hesters Crossing Road, Round Rock, Texas 78681 used for an elevated water storage tank(hereinafter, "City Property"), further described in Exhibit"A"attached hereto; and WHEREAS, M4 is the owner of the real property located at 710 Hesters Crossing Road, Round Rock, Texas 78681 known as The Summit at La Frontera (hereinafter, "Summit II Property"), further described in Exhibit"B" attached hereto; and WHEREAS, M4 desires to construct a driveway and other improvements across a portion of the City Property to provide pedestrian and vehicular ingress and egress to and from the Summit II Property and Hesters Crossing Road; and WHEREAS, City desires to grant M4 certain access rights and privileges upon the City Property for the purpose of constructing such driveway and other improvements as described herein. NOW, THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the Parties hereby agree as follows: A. PURPOSE The purpose of this Agreement is to provide for the construction of certain improvements on a portion of the City Property by M4. B. M4's OBLIGATIONS 1. Driveway and Fence Construction. M4 shall install and construct those certain driveway and landscaping improvements (the "Driveway Improvements") and fence improvements ("Fence Improvements") on a portion of the City Property according to the Site Development Plan for Summit II Eastern Drive Improvements attached hereto as Exhibit "C" (the Driveway Improvements and Fence Improvements collectively referred to herein as the "Improvements") in a good and workmanlike manner and in the location shown thereon. 2. M4 Covenants and Agrees to the Following: (a) M4 shall promptly backfill any trench made by it on the City Property and repair any damage caused by or on behalf of M4 to the remainder of City Property Development Agreement-Summit 2.0(final 07.18.2018).docx (b) In the event M4 fails to timely make any repairs as required herein, City may provide written notice to M4 of such failure, and M4 shall proceed to cure any such failure as soon as reasonably practicable but in no event more than thirty (30) days following receipt of written notice thereof from City (or as soon as possible if in the event of an emergency). or, if such repair cannot reasonably be completed in thirty (30) days, then such additional time as may be reasonably required provided M4 commences such cure within the initial thirty (30) day period and diligently pursues completion of same). In the event M4 fails to make such repairs, and such failure continues for the foregoing cure period, City may, at City's sole option (without any obligation), perform such repairs, and M4 shall reimburse City for City's actual costs in connection with such repairs within thirty (30)days following M4's receipt of an invoice therefor from City. (c) M4 SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, SUITS, JUDGMENTS, DAMAGES, AND EXPENSES (INCLUDING ACTUAL REASONABLE ATTORNEYS' FEES) ARISING FROM (1) ANY INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR THEFT,DESTRUCTION, LOSS,OR LOSS OF USE OF ANY PROPERTY (A "LOSS") TO THE EXTENT CAUSED BY M4 IN THE CONSTRUCTION, INSTALLATION, AND/OR REPAIR OF THE IMPROVEMENTS ON THE CITY PROPERTY OR (2) M4'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THIS INDEMNITY PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (d) M4 shall not undertake, nor shall M4 permit any of M4's agents, contractors, employees or representatives to undertake, any invasive investigation, drilling or sampling of the soil or groundwater at the City Property without the prior written consent of City, which consent shall be in City's sole discretion. Notwithstanding the foregoing, City shall not unreasonably withhold written consent of drilling or sampling of the soil or groundwater required pursuant to or related to the construction and repair of the Improvements. (e) M4 shall conduct all activities and rights under this Agreement in such a manner so as to not disturb City's use of the remainder of the City Property. In the event M4's use of the City Property hereunder disturbs City's use of City Property, City may provide written notice to M4 of such disruption, and M4 shall proceed to cease or remediate any activities causing such disturbance as soon as reasonably practicable but in no event more than thirty(30) days following receipt of written notice thereof from City. Notwithstanding the foregoing, M4 and the City acknowledge and agree that, during construction, M4 shall have the right to fence off and otherwise restrict access to the City Property as reasonably required to complete the construction of the Improvements and, subject to the following, such restricted access and the construction and repair of the Improvements as contemplated herein shall not be considered a disturbance of the City's use of the City Property;provided that, during construction, the City shall have access to the 2 City facilities (including the elevated water tower) located on the City Property either (i) on and across the City Property or (ii) over and across the Summit II Property and the adjacent property known as 810 Hesters Crossing Road, Round Rock, TX 78681 and owned by an affiliate of M4, in accordance with the terms set forth in those certain Access License Agreements, a copy of which are attached hereto as Exhibit"D". C. CITY OBLIGATIONS 1. Construction Easement. City hereby grants and conveys to M4 and its agents and contractors a license to access and utilize the City Property to the extent reasonably necessary to install,construct,repair and maintain the Improvements. 2. Access Easement. Simultaneously with the execution of this Agreement, City will grant M4 an easement substantially similar in form to that attached hereto as Exhibit"E". D. MISCELLANEOUS PROVISIONS 1. Actions Performable. City and M4 agree that all actions to be performed under this Agreement are performable in Williamson County,Texas. 2. Governing Law. City and M4 agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas with venue being in the state District Court of Williamson County,Texas. 3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the Parties. 4. Complete Agreement. This Agreement represents a complete agreement of the Parties relating to the subject matter hereof and supersedes all prior written and oral matters related to this Agreement. Any amendment to this Agreement must be in writing and signed by all Parties. 5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) email, when received by confirmed electronic transmission, (ii) by overnight courier or hand delivery, or(iii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses (or to such other address(es) as City and/or M4 or their permitted assignees hereunder shall specify from time to time in written notice to the other party): If to CL: Laurie Hadley, City Manager 221 East Main Street 3 Round Rock,Texas 78664 Phone: (512)218-5401 Email: lhadley(-,roundrocktexas.gov With copy to: Stephan L. Sheets Sheets&Crossfield,PLLC 309 E.Main St. Round Rock, Texas 78664 If to M4: M4 La Frontera II,LLC c/o Mark IV Capital,Inc. 4450 MacArthur Blvd., Second Floor Newport Beach, California 92660 Attn: Regional Vice President Email:.jbasie@markiv.com With copy to: M4 La Frontera Il,LLC c/o Mark IV Capital, Inc. 4450 MacArthur Blvd., Second Floor Newport Beach, California 92660 Attn: Chief Operating Officer Email: smetzger(amarkiv.com 7. Force Majeure. M4 and City agree that the obligations of each party shall be subject to force majeure events including, but not limited to, acts of God, war, acts of terrorism, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or material, government regulation or restrictions, weather conditions, and other acts beyond the applicable Party's control. 8. Assignment. Except for an assignment by M4 to an affiliated entity (for which notice,but no consent, is required),this Agreement may be assigned by M4 only with the written consent of the Round Rock City Council, which shall not be unreasonably withheld. Any assignment must bind the assignee to all the terms and conditions of this Agreement, which will be recorded in the Williamson County Official Records. 9. Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of City and M4, respectively. 4 CITY OF ROUND ROCK By: Craig Morgan,Mayor Date Signed: ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared CRAIG MORGAN, as Mayor of the City of Round Rock, a Texas Home Rule Municipality, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office on this the day of ,2018. NOTARY PUBLIC in and for the State of Texas 5 M4 A FRONTERA H,LL By: Stephen A.Metzger Its: Chief Operating Officer Date Signed: 7 ACKNOWLEDGEMENT STATE TEXAS § COUNTY OF W MSON § BEFORE ME, the u rsigned, a notary public in and for said county and state, on this day personally appeared (Naive), (Title) of M4 La Frontera H, C, on behalf of said company, known to me to be the person whose name is subscribed to the egoing instrument, and acknowledged to me that he/she executed the same for the purpose and co ideration therein expressed. Given under my hand and seal of office on this th day of ,2018, NOTARY PUBLIC in d for the State of Texas (End) 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of On 5uk\\A a0, A01-9 before me, e_s tin r o i vv%'% 4a.r1�wb1 iC Date Here Insert Name and% Title of the Offic personally appeared ROm!2�g,c Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ALESSONDRACONCEPCION FLEMING paragraph is true and correct. NotaryPublic—California `rte' Orange County y Commission#2210275 WITNESS my hand and official seal. My Comm.Expires Aug 17,2021 Signature ` Place Notary Seal and/or Stamp Above Signature of Not ry Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02017 National Notary Association EXHIBIT "A" City Property Tract One: Lot 5, Block A,LA FRONTERA SECTION IIIA, a subdivision in Williamson County,Texas, according to the map or plat recorded in Cabinet S, Slides 370-374 of the Plat Records of Williamson County,Texas and Document No. 2000048386 of the Official Public Records of Williamson County,Texas. Tract Two: A tract of land(no acreage cited)conveyed to the City of Round Rock,Texas by instrument of record in Volume 1429,Page 462 of the Official Records of Williamson County,Texas. (See Attached) 7 iI r . -tu e (NIT M•M (�yh,,7 3 N20' '9eY! d kt i FRONnigi»p..& 1 Lo—a as v a IL _ --——-— r�� s B m r m00 s � r a ■ ► 0 Ic: i m B m e a lS 9J m •—_.--•—_ 1 Rigo r' s � I o A 41 1 1 Ell R •Wti.+N.r+�c-+�,w,�swmmr.rr�r�.r+.r SITE DESIGN SURVEY OF THREE TRACTS: 1)LOT 5,BLACK A,IA FRON72RA SECTION DL1� Q I.M.SHO p ls.6.611" Soule OB 16 17 A SUBDIVISION DF RECORD IN CABINET 8,SLIDER 37D-374 OF THE PLAT RECORDS BASELINE LAND SURVEYORS/ INC. CA saoie Ror.• I=40 snale Vert.,: OP 1fILLLAIISON COUNTY,TEXAS AND DOCUMENT NUMBER 2000048380 OF THE OFFICIAL PUBLIC PROFESSIONAL LAND SURVEYING SERVICES = RECORDS OF WILLI,WSON COUNTY.TEXAS;2)A TRACT OF LAND(NO ACREAGE CrM) 8000 ANDERSON SQUARE ROAD,SUITE 1 1 o m Drawn By:RLW Cheoked Bp JSL lh ..,, CONVEYED TO CITY OP ROUN➢ROCK.TEXAS B INSTRUMENT OF RECORD IN VOLUME 1420, -rn-1 Revlsfon 1: pAGE 462 OF THE OFFICIAL RECORDS OF RD.LIAMSDN COUNTY,TEXAS AND 3)A 0.074 0P AUSTIN, TEXAS 78757 O Revlslen 2: ONE ACRE TRACT OF LAND CONVEYED TO GRANDE COMMUNICATIONS NETHORKS,INC.BY TELE:512.374.9722 Revlsion S: INSTRUMENT OF RECORD IN DOCUMENT NUMBER 2GO3056BE1 OF FIRM REGISTRATION CERTIFICATE #10015100 Redden 4: THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,TEXAS ronObaseline lands urve ors.net EXHIBIT "B" Summit H Property Lot 3, Block B,THE SUMMIT AT LA FRONTERA, a subdivision in Williamson County, Texas, according to the map or plat recorded in Cabinet T, Slides 329-330 of the Plat Records of Williamson County,Texas. (See Attached) 8 wm.a?:Dow�m BROKEN BOW DRIVE r L-A-- A,Ll LXEM1. ks, -21 V. .w4- CHISHOLM VALLEY VIM -' -` I I I SECTION 4 SECTEN 3 n CAL F.SL 7 AMENDIED CA&D,St.120 TLQPJL 111MAINOIR IF W.C.PJL i, r 1WROW.W-1. -"I.', V31AW 1, PAGE 71111 I. 'i IS 330 xr-PiL .1 C." . .-31' :M 302) H 64f.W'_- J LEGEND oCALLED 0.074 ACRE ------- -- TRACT.CONVEYED --------------- 7-77777;�:,7.7 ___ifWIiiiiE I F ,f L-..r- NE7WDFdM INC., L ---------- ..70 GRANDE COMMUNICATION CtIlk.Ii. :Imo It I VICINITY MAP koilamuff ,I------------- ------ ---------------------- I DOCUMENT NULWER ------- Dm"ll.953=4 GPJLWZT. Alw�, apjLW.MT. • -__T___________________- ------------- • 11, At 0 'T:"If.ll�U. wl- 5t,� rM I rw. It: . ,W.ltll�, S"s Y ;Jq1 IV,HAD-SE-W.- IN USE L- 7-ALL1,-�V��a'�E 1.1:�:Rj 14112-pKA.I., AI ---------------- ------- ---- ------------- - ---------- 1101WAW�m Evixw-t -------- C"t I:n T'l mI.+ IW 1. IT- ___1_ *%AI.T 1. IQ-11,aly-.I A. -11 Wlm _Wl NNI's ,tir MA-14.'471,.PAIJ 4s;l 6.630 ACPES W 288.735 SQUARE FEET '. LOT 3.BL=W IA 10 '.. /iYy. I. TRE SUMMIT AT LA FRONTERA LOT 5.BLOCK LOT 2.SLOCK'8' 1".1 CABROET-r,SLIDES Mg& 330 ACM DEDICATED THE SUMWT AT LA FRONTERA is-,; f. WLLIAUSON COLWY PLAT RECORDS TO THE aTY OF CABINET-r.SLIDES 3n& '., .a I -. ROUND ROCK FOR 3m 1, 'I IS Sl!LL_ 11'11 .1-W� hGl -m 0.11 1.0 mlem UTILIM • WUJAMSON COUNTY FIAT RECORDS CAM ZT 370 F Atli., w-.1.41.1 DETAIL A -.it If SL:tll •l Ai "Cr.1-1 1111"m I fl.- 'It'.46 -3. "FL Ypr !Ift. MIN tr I le it T mm.�lrkY 1.�A la :�p . I I . "' -,Fla cNII'm WH2 l 1140.X 4 LI 91738' E LZ 1 3 mmw C••FL V.ll`f v.- I—CA��W' -I' Sol R[Y•Ca)' A.......i; F,-.l I.AAA_i., I un": cl-I Ras. -9'44 1.-P�I-Tttl 1.1,I-7m'K�.-`4�. P Ir,I Ill 1--A, trL`Ll W r(Or." CAM"' 5 W%j W.--*!AAI It *11.'im MIA ISIAW st"16,An vTtA,, NW.AL,A'7� Lk*LE W AT 11-1141 A. ,A..-"-I WI--1 At-WiL-141J!,'4-w IS.11 1. �-"W I A"I I I It'9 % NCL tv:*P, -A. .1"'p.W,I:r%A.".g "r I1.41DETAJL 1SIC Z": W4"Ili I "..."' 1 1.A�7; ..1-1 -.r r%qr.tx. 2s(J!mirwo o It.. M-)ILL�-ftWiW.7 -.1 1�i %lW-L-.1- ILIA, ,j•nr nA-- r 9-- trl Irk-a.- A'. -1w�f r�- It-IAW.IS W�I.--m.m.=M. l A, _L 1. 1..., -,1. .,+w in.j m :INSRI I—.Fl�A,1.1iZ.-.1 1"CIA.I...-1..11-1-N V..1 P 1.�. k.;"LL ."C'IT.1t, _k, N.-klt;rLyY lilwuq�Iifl W"MIF!,In ALTA/NSPS LAND TITLE SURVEY 1417 a IS %op t1 :14 XIA -1 n� 1. -B- WWIt,011.111L SAW- we w- ftc FOR LOT 3.EILOCX '-.vlStlrfI THE SUMMIT AT LA FRONTMA 1:�%_IM�-IAL ktF;I-1tl L.:_IC"It�l-I�j j '"'T SUIDES rAa-= .7'Ar4m,11%.tr iI" mp.m tl�ll ill pm-, UjWAZ COUNTY.TEXAS 1-iWAI,A, Irl.LLW.LA'Ill?W I^RiK=Wt M TK 14.1 1116 WAV RIM.1p W loul:cl-r III0 Al TD-,rpmm.a.r. TW�TF 1�11 1�,%I,: II IIIAI qPE UGW_fC H I C W I. It. I A�.C�rGI-1,14 1. IW__ ti�jjiq. -foz.,W" -.6 0 LWfiA 119 J 1911 M.MAI-Jfl!A;f TIM.::IAAhnlMIlffr U-VA11:0 UillAtY 140 b'-E C.M.-Ill EXIIIBIT "C" Improvements (See Attached) 9 S1 TE DEVELOPMENT PERMi T FOR THE SUMMIT A T LA IRONTERA IDEX covFINAeSEEFSHEETS 710 HESTERS CROSSING 3 2. FINAL- 4. GENERAL NOTES OTES ROUND ROCK TEXAS 78681 5. TOED NOTES 5. EROSION h SEDIMENTATION CONTROL PLAN 7 7. EROSION h SEDIMENTATION CONTROL DETAILS OWNERS/DEVELOPER: MARK IV CAPITAL,INC. d DEMOU77ON PLAN CONTACT. JUSTIN BASIS 9. SITE h DIMENSION CONTROL PLAN 4450 MACARTHUR BLVD.(SECOND 10.PA NNG PLAN FLOOR) 11.SITE GRADING PLAN NEWPORT BEACH,CA 92660 12 EXISTING DRAINAGE MAP 849.509.14'44 13.DEVELOPED DRAJNAGE WAP JBesicOmcrkivxcm LIMITATION OF LIABILITY-KBGE ASSUMES NO 14.DRAINAGE CALCULATIONS ENGINEER: KBGE LIABILITY FOR ANY DESIGN OR DRAWINGS IN 15.OVERALL STORM SEWER LAYOUT 105 WEST RIVERSIDE DRiVE STE 110 THESE PLANS THAT ARE NOT SIGNED AND SEALED 15.STORE SEWER PLAN AND PROFILES AUSTIN,TEXAS 78704 BY A PROFESSIONAL ENG.'NEER EMPLOYED BY THE CONTACT SETH BONNER FIRM. 011-fr77 CONSULTANTS'WORK SHOWN IN 17.WATER PLAN&PROFILE (512)439-0400 THESE PLANS IS THE RESPONSIBILITY OF THE 78 WATER PUN k PROFILE EMAIL,Sbonnerdkecinc_cam CONSULTANT WHO PREPARED SUCH WORK,AND 19.WASTEWATER PLAN h PROFILE 1S INCLUDED IN THIS PLAN SET FOR RENEW 211 GENERAL DETAILS REQUIREMENTS ONLY. 21_GENERAL DETAILS INC.SURVEYOR: BASELINE LAND SURVEYORS, 4 22 GENERAL DETAILS 517E PLAN COMPONENTS-ALL 6L11L0'NG AND CONTACT SCOTT LASWELL f�" °` STRUCTURAL IMPROVEMENTS SHOWN HEREON 23 GENERAL DETAILS 24.TnDOT TRAFFIC CONTROL DETAILS 8333 CROSS PARKPROJECT ARE SHOWN FOR CONCEPTUAL PURPOSES ONLY. 2,5,LANDSCAPE PLAN AUSTIN,TEXAS 78754754 KBGE IS NOT RESPONSIBLE OR UABLE FOR THE 512B73.9743 SITE DESIGN OF BUILDING AND STRUCTURAL N ED T A D Scott-boseline0austin.m.com IMPROVEAJENTS BY OTHERS_ 27. GL- TE LA - HO OM TR' LANDSCAPE ARCHITECT: BURY,INC. 28 RETAINING WALL DETWLS S'fEEr 1 OF 2 CONTACT ZACHARY HUNTER STRUCTURAL COMPONENTS-ALL STRUCTURAL 29.RETAINING WALL DETAILS STIEFT2 OF2 221 WEST SIXTH ST.,SUITE DESIGN IS THE RESPONSIBILITY OF THE OWNER'S 600 STRUCTURAL ENGINEER. STRUCTURAL DESIGN &ASH DRIVEWAY IYPROVEWVITS AUSTIN,TEXAS 78701 SHOWN HEREON IS THE DESIGN OF THE OWNERS 30.NOTES STRUCTURAL ENGINEER. 512328.0017 Jt.ICED NOTES zhun ter4buryinc.com rr r 45 32 EXISTING CONDITIONS siAreH�+ HEREON IS THE DEIN OF THE OWNER'SHOWN 33 DEMOLTION PLAN HEREON IS THE DESIGN OF THE OWNER'S GEOTECHNICAL CONSULTANT. K13GE MAKES NO 34.EROSION h SEDIMENTATION CONTROL PLAN WARRANTY OR GUARANTEE AS TO ITS 35 SITE PLAN SUITAB,'L1TY,AND ASSUMES NO LIABILITY 36.SITE GRADING 0 WATERS£P STATUS• THEREFOR 37,GENERAL DETAILS I. THIS SITE IS LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE PER TCEO RECHARGE ZONE LOCATION ASAP 38 DRIVEWAY TRAFFIC CONTROL DETAILS NAPS.WATER QUALITY MEASURES PRO VIED BY U FRON7ERA WATER QUALITY AND DETENTION KrS 39.MEDIAN TRAFFIC CONTROL DETAILS POND CRANAGE ILPROVEMENTS PLANS UNDER TWCC APPROVED WPAP FILE N0.:00650502 REVISIONS 40.LANDSCAPE PLAN 2 THIS SITE IS LOCA TED W THE CITY OF ROUND ROCK CORPORATE CITY LEMJTE 3 AN SITE REGIONAL DETENTION POND IS PROVIDED FOR THIS ST7E AND THEREFORE NOT �� lEl�N SF�75 �� PAR71CIPA77NG IN RSLP,PER LA FRONTERA WATER OUALITY AND DETENTION POND DRAINAGE _ IMPROVEMENTS PLANS UNNL SOZ 4. THIS SITE EDDWARDS AQUFER PROTECTIONPLAN 10 NO, f vin• ADOCD FJIS"TEiW1iYLVE RAN5AN0 cotulrrvxO,m'G2UDEOASiJU1T 1-iv SC FOrFti 50000.51. LJWJGE5 APPROVED VIA EM411.TfN701X1HIXfr LUILaTRlJCTbN '. FLOW PLAIN NOTE ntwa ciiioi l NO PORTION OF THIS S HW THE BOUNDARIES OF THE 100 YEAR ANNUAL CHANCE) FLOODPLAIN AS SHOWN ON FERAL FLOW INSURANCE IRM PANELS 48491C0485E�4I45IC049SEICIAN50.V COUNTY.TEXAS EFFECTIVE SEPTDfBFR •'a ,�•„Tr�m o:WAI. 211,2008. -" OF?JOtAL N07ES' :L1-aa�l r:(('�'RVt.! 1. ALL RESPONSIBILITY FOR THE ADECUACY OF THESE PUNS RELAINS WITH THE REGISTERED SUBMTRF.D BY: C 6/27/1018 PROF.SSCNAL ENGNEER WHO PREPARED 7HEM.IN ACCEPTWG THEE PLANS THE Car OF DATE ROUND ROCK LUST RELY UPON THE ALXQUACY OF THE DEEM ENGIN tEZi. LSGE 2 LLWTATION OF UARUTY.KBGE ASSUMES NO UADUTY FOR ANY DESIGN OR DRAWINGS N 105 WESTRIVERSIDE DRIVE STE 110 THESE PLANS THAT ARE NOTSGNED AND SEALED eY A PROFESSIONAL ENGWcTR EMPLOYED IMPERVIOUS COVER ICED WPAP/SCS is 11000057 AUSTIN,TEXAS 78704 RY THE FIRIL OTHER CONSO'LTAN IS.(PORK SNOWN IN THESE PLANS IS THE RESPONSUMITY OF AUS IN.TEX 0 THE CONSULTANT WHO PREPARED SUCH WORK AND 15 INCLUDED N THIS FUN SET FOR J wt c'5."Je 1A 5TRF-m'Curses OU1TER z � FULL SUR.ulfia!DATE RENEW REOU:REMENTS ONLY. DU40CJG FOOTPRNr 48"1 SA NOTE ALL RESPONSIBILITY FOR THE ADEQUACY OF THESE PLANS REMAINS W ITH THE ENGINEER TWrt1aNr.ams cr Lor aruL,7 RECO"IDED FIJUL PUT DOC.NO. 2601001167 WHO PREPARED THEM.IN ACCEPTING THESE PLANS,THE CITY OF ROUND ROOKMUST RELY LEGAL DE3GBP71Ott UPON THE ADEQUACY OF THE WORK OF THE DESIGN ENGINEER PARK8f4P'75A SIDEWALK fe;]tr sF Ui1LtTY BILLING NO. LOT 3 BLOCK D 7H£SUNLIT OF U FRON7E77A.CABINET T SLIDES 329 t 330 00Cg 200IODt167 QP.R W G (wnla�ILwnS O1:LOT a+t.r7 ZOFYF(. TOTAL.13VIERWOUS COVER hJETER SERIAL NO. Q DI5Rl.71L1.YG7: 3M.as2 SF THIS TRACT IS ZONED OFFICE PUD 72.PER CITY OF ROUND ROCK LAP GATED JANUARY 2073 T=AE ARrl Or SENCHMARK: " '�*f r ACCEPTED FOR CONSTRUCTION eFPCJ4..w�c�Dm<mown w cx+a+[Tc c1r or RD1:Nn 11LOL TD[FS YCfAIwD,T � ro,_DDt. Al SCUIKASF KMa. fY Al E.A.ibr1 tK M IZ AVOWS Y 15W. CIIO>SrG:N ,W EAS1 P P.a1T 0.QN.1C]11A1 AY[.AM AITADL,J'SDL'nt DF SO4T1 MB A{FAr9 SKS REN4n0N-zsI_c QTY OF ROUND ROCK DATE PLANNING AND DEVELOPLENT SEANCES eEwCwwNUG B-.a_A IM f M WmCA M. Cf DF RW W RDCA.TOW w EM K I M R E L L 1 8 R U E H L I G A R C I A I ESTE S bt-nnt B•. 07 OF 40 _ - - 91 SR I Sol 11 0 gill 11 R aEPA : Ra dg 631 R € � � $ �� 8 > R 9 3! R Rg �Ap, l5 �a SI S r� i ��€ ® R y ilIg yfzZ yys (( (( ys y ■ pyA�A i S � 7qN Y ph alA Ip s � I IF yA Fx� IF " " , YIpx liy� y�� i � � R � �S ISF �g 17S I� ��ff of JJ Jml 9 � of di ilix,ill g Alm )u 11IN 6 i RR Qg I � a$ i1i$ g ,.li 1 p B #Ig�RoI q a p Rig Ali __ a � (g fid# 39 Jo i R R4 Rik i ba ��a' R fillk ;p !X31; a 21 R 6a a 19A5 .1$ Y j, j A 1.1 jig R � � ,�ll�.�o��Aj 4 � � � F Rw P M mq DN z z � cc�� C OO pp Z 0 r nC 0> a � ut H OD zW Om W z 0 SUMMIT II EASTERN DRIVE �"""`°""""""°" "�� '!'°"'°�°'�°" DAn W IMPROVEMENTS c O ' :�rl �Yr SITE DEVELOPMENT PLAN nRlciv coo �I i /' ------------------ M -- -' - ---- �� /�.�' oo KIMBELL 1 DRUEHL 1 GARCIA I ESTE5 O GENERAL NOTES — ---- ne w\�R\+w-WK"NM\aoi-urxa+rzw,\cin\pwc\xx�rwicswo PLOM m:w41¢.AwM namo ae oe n/�s xnv n - , 1 a 1t• ;� 12 ,5 S I ! Ii t r, o b a Texas Commission on Environmental Quality when it occupies 50%of the basin's design capacity. C Water Pollution Abatement Plan $t General Construction Notes 8. Litter,construction debris, and construction chemicals exposed to storrnwater shall be prevented from being discharged offsite. Y'! edverda AgWHr RoraW an rtaararn Cona n d w Nabs-loam rxsdalmer 9. All spoils(excavated materiaq generated from the project site mast be stored on-site with TY LherE Wt&rDk-' ' ndo OW Nak-L—tie aduisoy6Jfi oMyaM do rorty+-bb.F.ponwarromAYgAy appeal proper E✓f�S controls.For storage or disposal of spoils at another site on the Edwards Aquifer bYlte FmvNeu]YeebrlIDl.na do drycanaltubaeadpreherWaraap druihesa�eardM'arb5eh�wad auirg eactrudnn. F- S � Recharge Zone,the owner of the site must receive approval of a water pollution abatement Furtrrr arlioru nq'be rsquyadmacrae�t earhOranc�e veer TCEQ rapudtlorr Aaa,drn ilio J4 teualWmalaerAa tbde(TAC;.Chapters for the tX/ 213 and 217,asw""ib,r ard:,.r,�.a ancmymarwn prvv"mrm,�e�w„y.,waiw9-W nw;ranaan naru,�oe conWvd to sea pion placement of fill material or mesa grading prior to the placoment of spoils at the r, W baawnvn L-d'caubhetbnnales•rnHas arpowersdrrx®, cared v othersite. eWaBaerA{t6a drtleawt arneyteaua rn poalydan drne£drrardcAeuiYr achyaaJoycalytaatecladaaracnwaYra Tne hauerdmy EAueNa Au,ehrRDaclkahPlarh e0naahap•mnatnetbn rarsr'eareh'espaaORAhr aorhnaldaras w�h T/ae3Q TAC,Cnapre.213 orany 10. H portions of the site will have a temporary or permanent cease in construction activity lasting oa a.aaznye t so epuamn,awaaasasmmeo<ar,nos.�ux wrAo cars aaavy aph.,erdpis ntara. longer than 14 days,soil stabilization in those areas shah be initiated as soon as possible prior to the 14"'da of inactivity. If a a F.ar.baanpywahenyaone,�,.raarur.tet www.,�-xi;mm�r.�,m„danyton.x�ulnob;-�..wywanwTl�y Y tY. activity resume prior to the 21 daY,stabilization measures mOuNuau andarry�olatonws,q�eclbedmrtuPalnsrWea;ade;errdpenal'isatpnrded,ndv Td6]0.TACE 213.fO pebsipm are not required. If drought conditions or inclement weather prevent action by the 14°1 day, F rvraeeeleaa.such vioea'ana Ary oleo m sugketu dna pan&%”and kp=bn.Thio wbwlnoss W'C—rucnon noes'»M way stab6irAtbn measures shah be Inittated as soon as possible. W reyascnt an apprnad.+caplen ay dr ED b arty part d Tl4 30 TAC,Crrprrt 213—d217.—y nibs 7CEq appScebb n9uNt6n E Z 11. The following records shall be maintained and made available to the TCEQ upon request: -the dates when major grading activities occur, c 1. A written notice of construction must be submitted to the TCEQ regional office at least 48 the dates when construction activities temporarily or permanently cease on a portion a' J t hours prior to the start of arty regulated activities This notice muss Include: the site;acrdude: -the dates when stabrTiiation measures are initiated. the nano of the approved project; .� the activity start date;and arty 12. The holder of a a " the contact information of the prime contractor. approved Edward Aquifer protection plan must notify the appropriate 5 GGGp F regional office in write and obtain a prior ng 2. All contractors conducting 2 approval from the executive director or to ltltlatl any r z g regulated activities associated with this project must be provided of with complete copias of the approved(Nater Pollution Abatement Plan WAP)and the TCEQ I g letter indicating the specific conditions of its approval. Dudng the course of these regulated A. any physical or operational modification of any voter pollution abatement structure(s). j activities,the contractors are required to keep on-site copies of the approved plan and Including but not 6ndted to ponds,dams,berme,sewage treatment plants,and p approval letter. diversionary structures; RZ 3. it any sensitive feature(s) (caves,soWtion cavity,sink note,etc.)is discovered during B. any change In the nature or character of the regulated activity from that wdlletn was W c. construction, all regulated adivil'os near the sensitive feature must be suspended originally approved or a change which would signs icatdly Impact the ability of the plan Q immediately.The appropriate TCEQ regional office must be immediately notified of any to prevent pollution of tie Edwards Aquifer, C 4 H' sensitive features encountered during construction.Construction activities may not be 0 tA R��-`t resumed until the TCEQ has reviewed and approved the appropriate protective measures In C. any development of land previously identified as undeveloped in the original voter order to protect arty sensitive feature and the Edwartls Aquifer from potentially adverse pollution abatement plan. Z impacts to water quality. W W W W 4. No temporary or C ~ p ry permanent hazardous substance storage tank stroll be installed within 150 ~�C Q !!! system,wall,or sensitive feature. Austin Regional Mice San Ankinio Regional Office Q>d Z foal of a water supply source,distribution 'A Lu I 12100 Park 35 Circle,Building A 14250 Judson Road Fit W O 0 5. Prior to beginning any construction activity,all temporary erosion and sedimentation(E85) Austin,Texas 78753.1800 San Antonio,Texas 78233-4480 W U control measures must be properly installed and maintained in accordance with the appmvad Phone(512)339.2929 Phone(210)490-3096 � plans and manufacturers specifications. if inspections indicate a control has been used Fax (512)332-3795 Fax (210)545-4329 C> incorrectly,orincorrectly,the applicant must replace or modify the control for sit* C LUC situations.These controls must remain in place until the disturbed areas have been C Q permanently stabilized. THESE GENERAL CONSTRUCTION NOTES MUST BE INCLUDED ON THE CONSTRICTION iW PLANS PROVIDED TO THE CONTRACTOR AND ALL SUBCONTRACTORS. 6. Any sediment that escapes the construction site must be collected and properly disposed of before the next rain event to ensure it is not washed into surface streams,sensitive features, N N eta BB� i 7. Sediment must be removed from the sediment traps or sedimentation basics not later than I 'r TCEO-0592(aay.Jay 15,2015) Paas 1&2 TC15045 S2(Rw.J,y 15.2015) Pelle 2 ar 2 �16/2712018 y %1150/ K, i 9Y: SM aox11O1 lea NlhaalA I DAM a2aaal .11. SFHD 37.40 b n „ SSP1508-0004 �C P" CL ZOR� NGS 11�O,NG � �oNE�pOR`G�Ga �� j Pv� NORTH IS flig15Ke6`�$�k �cp1 SCAL&P.,a of R LEGEND ( I SYMBOL DESCRIPTION j 1/2' REBAR FOUND s d CONCRETE MONUMENT FOUND (TYPE II) (R ® CALCULATED POINT M ® rpLj ppvE ® ELECTRIC MANHOLE c Q I ELECTRIC TRANSFORMER 1 `\ANG PPDs U EXPOSED PIPE—UNKNOWN UTILITY ® ` F LIGHT POLE / \\ EP PIN FLAG FOUND FOR BURIED ELECTRIC LINE � a GENERATOR ON CONC. BLOCKS / ® WATER METER WATER VALVE 1 // FIRE HYDRANT Jw IRRIGATION CONTROL VALVE — ` WASTE WATER MANHOLE WASTE WATER CLEANOUT Q � wwPIN FLAG FOUND FOR WASTEWATER LINE c •/ — �O� POT HOLES , o � O /O //" ❑T TELEPHONE JUNCTION BOX r m TP PIN FLAG FOUND FOR BURIED TELEPHONE LINE ROADWAY SIGN i BENCHMARK TREE TAG NUMBER > QZ ® BOLLARD a J �,y —PRIVACY FENCE Q Ln a z � CF—PREFAB CONCRETE FENCE 2 F I 0 w ® METAL FENCE POST W W Lu 0 s u ' S.o � TREE LIST "w>0 I uu 1 Q� TAG# DESCRIPTION DIA. ==w I z I' c 226 LIVE OAK 12 ~d u i p 222278 �o c 0 �� w 231 t 8 ; , � OLAK OAK 11 5 80 N t I \ 232 CHINABERRY 19M 233 CHINABERRY 15 ' 234 HACKBERRY 19M 6 235 LIVE OAK 1s cR 238 LIVE OAK 14 6127/2018 `'TSpNE vl caPpROEN � 237 TALLOW 12 238 TALLOW 12 c 06 239 CHINABERRY 10 ------ \ � 240 CHINABERRY9 z L 241 CHINABERRY 8242 UVEQAK 243 LIVEOAK 17 c : 832 LIVE OAK 10M K '! 834 LIVE OAK 6 SUN SOWN nctEs: ,wnweuc rssue M ,. 9!NGTESOGTHECONSntK7 5EGUMaONTV& 'M'DESIGNATES MULTI—TRUNK ' cr. aunIt— GEPWAALNOMTREE FORM 32.A0 SSP1508-0004 ➢� 5 LONG PI N J iL` 71 is 13 74 I5 I cOR� Vit° G°�,c t 5\NeV GRA tai 1 ; spkt E F l°°N IF E`� 1 NORTH R pP 1 IT 2W I FSl\5 gg58 scuet•.Iv 1 I I t �I• 1 ' �I I ; ' I t, ti LEGEND SYMBOL DESCRIPTION 11 oELt�o EWSTNt* : COO Lt 051c, • 1/2- REBAR FOUND L � CONCRETE MONUMENT FOUND (TYPE 11) � 1 x 1R x pN, ® CALCULATED POINT ELECTRIC MANHOLE E O — ® ELECTRIC TRANSFORMER d U EXPOSED PIPE—UNKNOWN UTILITY I LIGHT POLE E� PIN FLAG FOUND FOR BURIED ELECTRIC LINE u / f © GENERATOR ON CONC. BLOCKS u W / ❑W WATER METER c ® WATER VALVE FIRE HYDRANT Q` J •,� ' IRRIGATION CONTROL VALVE _ 8 WASTE WATER MANHOLE E W _ O ® WASTE WATER CLEANOUT , w \ T % wwP PIN FLAG FOUND FOR WASTEWATER UNE _ $ J _ 1 DEMO AREA KNOVE F D\ FENCE f DEMO Ij/ T a c it to Z Z Z J 2 5 z to W 0. 0 ,a>0 f WJ 0 =�W I o \ � �a> w LLI t C W 8 \ V1 V1 •s t \ i \ i N°NE \ t>/n/zais ik- e I(PPm �S S\0R►S NE �a93 �� O NOTFY ``•�a,Q"*s (c R\P.. ® ZQ � t. saeNmaaFTNEeaatPueTonswuwQwnrcee�PAL �.e � G� Amcs x : 0WVQVAVAFIP°A[N,9�&VkE Mt§70UTAPP M= 70TNE NEAPMTWAN9CNl Fd ALL"Yft3CR1 OONNN 10P NVIAp[tt LSSIE f1Ah 1 aWAT D AND FAGEIAMQOPI°MSINTNNAC6ff1° •70.007 A AND GRA ST ATALL NAFDUW,,OFIN)NOPOt'KPCImNNg : AND fAAN!)E ATAI,LTA63 DUNNG C°tSIPUC110N. rl # DEM MFOF EKISTM CUM 33 aF40 10 7 12 1 12 1 14 1 SSP150"004 77 •f NN k `IN iL o `\ 11 4 I \ , } N. AN" \ Z. Ap C qv. ILL ter'- /�• / \\ \ \ .�`;. N, } 1 ,: t-., �'� `mss`��'-�---�'',,�.\�'•. ` �''w.. \\vim. J iI �i. �E,,`••,••\\ •;� ��P •4i,- •____-- _-__--___-_+--- Lu a\ `.�'•\•�•�\,�•,ti's- \� ON �} /`� - ,\all `,,\,,•`, �. '``, ,.. ' —r_ VI p1. €F 9g YL tM �-p 11v�NN ZoWi CAiNCA.iJNA �S � 4 mz gill jul v Apr= HER z � Z y 4 � J a 9 O�VUI ONN�RD�L7I�0-� O N LA SUMMIT II EASTERN DRIVE CLIEN71NFaWADON REVIn neH510N/DEW1F7bN_— DAIE W ;� •;a IMPROVEMENTS _- - SITE DEVELOPMENT PLAN -----_—_— ! MARK N — ---- p I i•�; ----- -- -- E S M KIM@ELL I RRIJEHL 1 GAR L I A 1 E S T o ' EROSION AND SEDIMENTATION O 0 k; .`l`t" CONTROL PLAN ----- FRE W P 410-MM N CAPRAL\D01-WW09M\CW\t=ER090N ND 1101Y1NU111N DONIROL PIARA•ID ROIRD IM wo"7,AIN1 Mfim W! 1711!kimm W y6, F _ C N TALL FENCE 1� NORTH i '� VF7�Y ,�• i 0 Ir 30' , 1 \ 5! a ounon An°oe �S r OF WAlEAl1NE FRIOR 1� �� l I � 1 �. sEALEI•.,r � R NEW YEIdF1' 71EN AHO r R {{ 1 HE PRIOR SYMBOL DESCRIPTION # : X TD • 1/2"REBAR FOUND �i CONCRETE MONUMENT FOUND (TYPE II) $ CALCULATED POINT Z 1 Y r TALSEE L FENCE ` Rat 1 ® ELECTRIC MANHOLE c IR49.E' ® ELECTRIC TRANSFORMER R2Z' 1I eAU,5,T U EXPOSED PIPE-UNKNOWN UTILITY ° o � LIGHT POLE P2 1 E� PIN FLAG FOUND FOR BURIED ELECTRIC LINE f- P.3° !/ © GENERATOR ON CONC. BLOCKS b _ 1 WATER METER = at , 2505' � _ H, IACC +FAccu�f, , - \1 �' 1 Fa l ® WATER VALVE - DOC ;� 1 FIRE HYDRANT e IRRIGATION CONTROL VALVE F J urRovci Exts ro -J '�wOf a O R� j 1 Rats' ® WASTE WATER MANHOLE E W : SIAINR PlwEGT �\ TG:� > I ® WASTE WATER CLEANOUT _• O/O/ it ' i wwP PIN FLAG FOUND FOR WASTEWATER LINE m v TRENCH "VDTH 2• 0 POT HOLES ' RATED C.°C00VERINSTO OHO 1 r. SEE DUAL s1FtF rf \ / .i' +11 1 CONCRETE W ACCESS EAAQIENT DDG/ I/ sj I �• / ETasnNG G CC L L� L Z �i ! I SEE EIQIE 4 ON THIS SHEET ` f 1 Ln>j IZ a f l 1 to A!N OH h7 Q> W 1 1 ,DF 6'CONCRETE W 0 O I F„ `RID' UJ 4A LV RID• , ? F j 1 RIs' t/1 {/1 1 � i +P 6279018 PROPOSED 3 ; G ••, HMI IicilipA" y It1�D aI NOTES ;.'CDOI'•• IJJ _I_ 1. AUGMSAgE70YCG701NRSLU.MGR1ERIMSE NOTED. K / L ALLOt.IRYSiommeTOFACEDFC3m Cf[( D: / 1 DE%9xw I,N cc mcroRTOMAwAiNAC0`SSTO S[7N tOMNG1 REFERENCE CITY OF RouNp ME PAvbAENT 5EL71011 AORN Ui1EDATB DA'A15D t10RA0FTANCEOl101T OSRWNOIOCR Y9DONN51 RO°(ORM1£SHE T 20. A& AND GMNOE ATALLTAMODRNO CONSiMl10N. 1 DY7711t ST—D3 ON SHEET 70. —_ ,. REFRITNECOMM NDATVI RD'DIW®@01101ROORTIOR 350,40 PMwGREC0A1MB10AT1016 I. " N SSPISOB-0004 L 7 .D\,AG ';1' 1`_— l l i I ' 1 'i NORTH % % k LEGEND 1' ' + f SYMBOL DESCRIP77ON `1 ' �� 'v i I +� I I !1 j ,/ 0 1/2' REBAR FOUND I! CONCRETE MONUMENT FOUND (TYPE 11) 9 1RCALCULATED POINT 5 r 4 1 i (E) ELECTRIC MANHOLE E F23 ELECTRIC TRANSFORMER U EXPOSED PIPE—UNKNOWN UTILITY r LIGHT POLE T-956d AjT E� PIN FLAG FOUND FOR BURIED ELECTRIC LINE GENERATOR ON CONC. BLOCKS D WATER METER WATER VALVE FIRE HYDRANT IRRICA11ON CONTROL VALVE WASTE WATER MANHOLE X WASTE WATER CLEANOUT wwr PIN FLAG FOUND FOR WASTEWATER LINE s57 LU Z 0. Z z ff,�f k w Lu LLI I z VI Lu 0. ck>0 LLI 0 UJ F- > W 4 ui Ln moo ,A 6/27/20711 O• % % % EXWNG % K sErm SONNU M NOTM 1. DEWLOPERANrCONTUCMRMMAWTAWACCMTG To"E115 fLEVATEDSMRAMTANKFORCTrYOFROL.DADCXPUWNNEL SECTION ON yEET 37. AND GAWMATALLTUGOLMGCONSnUMOK 3640 7 In 1 11 12 1 13 1 ;A p 5SPISID&-0004 i� n"6x 6��itl � ° n �tl � ! �• �� •�•� � o� a"ggniai�p �._� � - � o gal ;i I Rig � a� IaglRaf �� Q •la ,�3� all las t� i e a IiA 34 g ss i1 �- o� �4 � ll! �! 'a �� o � �II i ■� o� i K� a�l� n d � �1 i,w Ig �t °Ri�IFII ! 7 lip �3 0 ""..��44� a z 7" N w is F �il;�Ij 1;1 w;a a•ii"la 1, O z1 1d 01. g44 m20 g 9 tiMR■ d a A 8� A n �co H -. 1 Q e�d"�YYY6i �g3 Y:=E r .• 0" o x oT Q /z^� Vi N •i O a �z a la r;4 Ga - "'� z o $ FI a y 1 rrr rr _ ;�Il�a�i7a°alp � m~f�oo�D m3mtinv U�In;> lip oil R1 -- all Z "{�7sl �maF O if a�iggy�y��nt !�H g R' O - 4 n iE�,� o W090 liai!'� j�cc.z Z;�� r 2 ^po;90 81 �aai��aiil - F� z, a a! ' ® p yy 0 g a : x - 1-0- p SUMMIT 11 EASTERN DRIVE aENTINFOMnnoN FEN "MslMIGUMFDOM DAn IMPROVEMENTS -_-- o V = SITE DEVELOPMENT PLAN YTA ----- ---------------------—---- -. .. MARK N00 O O KIMBELL I RRUEHL I GARCI,A I ESTES { _ a:i::' GENERAL DETAILS "., --- -- ,� RLE.r\PRWW%420-V Me w urlugml-u N0NTE u\M\PWs\n oamaL as■uamo PLMM BY:■u■Net•A" nonm tln te/x7/le r72la2vw .3 T .5 t r e 9 tU 11 13 1 14 1 IS � I I n� ; , ► � � ; A 1 0 ! i LEGEND I a�Tyoa 3 Farricoos ■■ Icnanne,iizing Ddviae5 ; aQ ed ROAD I l iw Hedv Nock venial! Truck M.toru.t., 17 j WORK ! y A-t-Ia [tudl j ! R 6.re- AHEAD + ! �� Trdi,er uorsf...a Partin to Ionnr(PCUSI I ! c k Flashing drrm Board t4eaeOge Ich fPCMSI 6 Cw20- 5 triog.- >< ENO -+- sig Traffic Fla. c !f See nate ) 't T I ROAD NO � Flap Lo Flogger °«e G20-2 Minierx� $.peseta°u°.1— W —4in[mvn y`* ROAD fxI T®ar Lanarns cr+orT+i izinp L iTtlairrot WORK 4 4 ' END LE t o f�jI 4E•X oared Fon—, veeirm,a ho n*7 p or Stat ng!area -' AHEAD I I FA ROAD NORK __• ; -r ' �/I�/14 4 '0 50°5° N K Oevicae s acI g!atter soma G-g cn2p-ID 0 LA #.. P If a. r r o dna x fi s c 46'x 48 Z i 620.2 CL05 ata.�oft.ar�rr ninon j Conan r pf°fO"C° ¢ „'- [Flops. 49'x 24' C620-5rL ,<� C See rata it 46"X 46' 30 2 150' 165'1 160' 30' 60' 120' 90' O .i'—T �'---T 35 L.60 205-1225-1 245' 35' 70• 160' 120' g 5 xxx Fr i 40 265' 295'1 320' 40' 60' 240' 155' 7016%3cP• xi 45 450' 495';540' 45. 90' 320' 195' ` Ia a See rote 4t ( 50 500' S50' 600' S0' 100' 400' 240' w m =N F 4 55 L•NS 550' 605"660' 65' IIG' 500' 295' N „ g'.' gu ,� I 6D 500' 660' 720' 60' IZO' 600' 350' ~ I' '"$ oI a Lt=J / i --- -"• 65 &SO' 7I 5':760' 65' 130' 700' 410' _.... '^o ,mook m • 70 700' t70' 640' 70 740' 600' 475• — m * o:S l 75 730' 625'1 400• 75' 150' 900' 540' '¢ LE — y�. CNI-fiat -.-. i— z. N conventional RWds only 36- C "- --_, • 11 �� CHF TODer Icrtpths hove been rounded off. 4= - v - I ':■ L•LertgTh Of Toper fFTl N•NiWn of Offael fF T1 5•POs*ta$pedOnPNI t7 @ ■ o we •• �a TYPICAL USAGE y�. $haaar,vehicle ■.._....•i-"'.- 8 --"� E tri rh Tend ono ■ ■ N o SKWT STgRT tERu INTEFUE IATE I LONG TEAT = y hioh interts;-y tn; (See nate et CNl-4R ttlBILE piAAT{pry ST0.T IOIURY TERM STd710NART STATiONART w $y� I` +a� rotating, flo5ning, ■ ,....{ Y. �J x1 4B-x 46' r/ = - vepillating or ! �, E m_ $ �bL strobe lights. s. ......_..---....._.-'----.-..-XX 2,13%iZq GENERAL NOTES j See,Tares 5 8 6) J_ 1.Flog,a"=had to siane where,rp.n,are REQUIRED. -- + ■ , +� 2.Ati snaffle oo,frOl devices Illustrated are REQUIRED,emept troat do ea i O_ wiTn tto triangle fyebpl my be witTed whet~storetl elaMlere In the Oldrts, •�'.° ... l m + i!-i`s __ n °'_ Or or rautirc minter�anca.ark,Shen o°arovea by the Enplreer. g-. n ■ u T. ��` • I ■ N' TM adrn t emn tOPer is OWrOnpl•short uftC,it should W 100 feet■in7pun - 1 r 3. a r r I th der loM. - R ` a' +.Far~ total opal tadtioTa.ellen post eatsttild alone are rpt used,the diet Once @ e++n I • -n# T, ltQend moo ce ohoin m in.alp.face rattler than on a CNIG-W amlp■ntal Shadow Yenic le with; _ _-_._- q TAM and hl qn interval fY -- - vltax. rotating, Clash inq, ■ + 5.A Shdmr Vehicle with o TALL Mcuid be used mor Clea It amt ba waifionea • l swing or arras! -'""--"-" '"" _- x' j1 ■ m 30 to IGO feet In odvonca of the area of vee exposure rlthwi adversely affecting Q al xo ollt5.ISee nates 5 6 61 ...... ............ CNi-6a7 1 • ��-� ��-�� the perfor■onCe a't>,OIf tY of ine ttnrk,If aorkera cre TO longer present out too° i•- w7 36'x 36' l7 • • �1 v work Cyylfiane redu(n the frtlflla can}rdl to remain in aloe!,Type 3 W Z I Ll.i e �L • \ Barric0*3 or other channel ulna devices my be eubetitutea for it&Stcoor > Q c in '■' �`1 • • _1 vehicie mtl TMA. Ln I Ki'� I • •�y vi 6.Additional 5hoOa YM1lclea with TMA nay be°!attuned In a=closed G LANE r+ Ione,an ere"W der Or pfI ins paved filfQC.next to those shorn In Oroar Q Q. O j M CroheCr a tar work,cote. U CLOSED Q — % J' TCP 12-40) Z !n :N TR ■ -- �—" Z Z CC es•x 4B- '-' T,If this ICP I$'A"for 0 left 1015 ClOwre,CN20.5TL'LEFT LANE CLOSED'siau -LLJ +'• - � ' (�' s 4e�.%L4B, shell be used and chonnvllzing devices shrll I be P,OCed On foe pnterliM ep W W W V1 • OrCteef TM nark Same frva 000osiAg Waft,a at tel the arrow board placed in theMy L U 163aZ• W• C10540 Igo en near Tat end Of toltraper ing Ta . 70 r 11 i "I Este%nota 41 I • MPH CN73-7P Fi O U I TCP (2-4b)❑24•x2+• Q ` B.For shatter durations tATetB traffic is Oirapled Ovtr a ell0e CNOterlihe. �. • channel iz;TO dill ides vni"separate too-waY traffic should De spaced on lovers W O J of 20'or 15'If me too speeds are 35 mal ar slaver,and far Tangen+sac+tons,at W y # IfZfSl shlara S Is ten apeed'n aOn This tighter devices tlpo i RIG rg is InteytOq for = Q END 'f { ) ` xI ..• LANE the area of c0litiN(np tldrktrgi.not the entire wank zone. F d L> ROAD WORK ° V D y---�..�? CLOSED c,2p-5TR Trine C� Q ! \ ROAD v I o" �; 40 x 4e- w 10 C Q t 480 X 24' I = WORK AD WORK 4;; 1�� •&SDepa,11ertfaf7kiamp„taNion sm.d.�r W AHEAD G.x 24 `. .a. -..v FT X16%3aP _......... ......... ............_.....- cN2o-til 45.X 4B- x note Al TRAFFIC CONTROL PLAN N1 v1 w [r sags �- � LANE CLOSURES ON MULTILANE See raft 11 CONVENTIONAL ROADS i q � 1 TCP (2-4a) TCP (2-4b) ROAD WORK TCP(2-4)-1 8 6/27/2019AHEAD ch20-0 _....._.--- -- _...•—ter., 4. ONE LANE CLOSED TWO LANES CLOSED `Pana ,=r' x°tet',,° °-t•h•. ,n f`!"�N��, See not 11 wrhlth: rs i _ 1.93 3.03rout t.n 1• K ' M: Ail SEn1eaNNr NUM6t I 15311E04Te 470-OM I owan, I. 38.,40 I. SSP1 SOB-0004 2 J t 5 ti '7 R 'l 10 it t 13 IS I I i - E I - LEGEND e r. J TYt><'3 Rorr!°°da as Cnorvlel iZf np Devices A ' I a ROAD �]Heavy Work vahtele1151 Truck M—T.'J f I I E atfenuaror IT-) 65 NORKT Trp;ler Et .,, FOr+dble f7+orTgecbIs AHEAD _F.... y�� F:dshing Arro.board M steaeepe sign 1PCMSI I I I E CW20-1 I ' i 519n a Traffic FI— END b=^ see note 1 T •...ROAD ND Flog "aP0ef t P eh ROAD $ ,n, $ AIR'X pee trample s�eacetad ia•t�s. a ><v of uln:Insr uCoeaeea WORKxi to v 4E'% :dead torso•a taper LenO:hm Cne—ni:°Zino 5 Lmarrualn°i - AHEAD V Ito, Q I Q ROAONBORK _--(..._T T 0I�`u'I`T F g a if Omlrl<es x"0 9u.nor sDaea -•€ ezD-z v+ ta• I1' Ir a,° en° ptetaroe _a- i - ag20x146` Z , LOS wree dtfeetprraa rare- r�gert 8 e IF see sorb!, ,�_` 48'X 24' 046, X5TL 48- x 30 t 150.1 165'1 TSO' 30' c I 60' t20' 90' $ 35 L.°60 205. 225'.245' 35' TO' 150' 120• >In s �r w XXX FT ! 40 265' 295"320' 40' 80' 240' 155' s CW16.30P 30-x 12' " { 45 450. 1995' 540' 45" 90' 320' 195' c p _Cp -'� !See rote 47 I 50 SO°' S5°' 400' 24D' b 0,S c c n I W -..I...+ 55 L"e.5 550"605'r fi60' S5' I t°' 500 295' x 60 600' 650'1 720' 60' 120' 600' 350' gFa i b wC' xj • ° -�"' ■ 65 650' 715 T80' 65' 130' T00' 410' $ von ,ten _ ""'I9 m ..... ■ TO 700'1 770' 840' 70' i 140' 800• 475' mCWI-SoT`� �___.� _ - ?4 ConVani ian°�Ro°tfa Only 90 fff _._`_- I) -8� .--._••••__.,,..�., 36'X 36' --- y a�■.� � 7F}Taper lengths have h^en ro!mdeC aft- Cl '•'f ry L•Length Of TODer IFTI W-VI a!OffaeflFTI S,POstad 5peed(UP141we -- R s� ■� ■• ♦� ro TYPICAL USAGE ° ear a• ■-.. .-'�---- o .._. SrtOOCte V@heels • I♦♦ ru Q r/DBILE SIIOEn SttDRE iEP.D IHTEWME0IA TE LONG TERu C ggo with TNA W-4 ■ e z °' °' !See rote B! —H [111.4R DURATION STATIONARY IIMIaRT TERN 5iaT1UEaWy STAT iLWaRY ¢ ' o sign ihtenSiry _ ^ Z'^' - -_R x; -09"x 48" rotor Ing, lnasml m, ■ Y pr ox:l noting or _� a M via m51obs 1lghts. W! - XX -WT3-IP GENERAL NOTES E = . ISee notes 5 b gt— - - I ——__.�'. MPH E bb DETAIL rK Z4'x 2e^ 1.Flops ottocned to siqu.here sna•n,Ire REWIRED. > 2.all lrafftc asttrol devie s Illum cteo Ore RECUIRED,etcept those denoted $ c`o •• ' m ■ {o';:•. wi In rhe IriOrg Ie sy=I army be osittee.nen srcteo elseahera in the D-Chs• m epi ■ ■ rJr for rnutine tmintenmca dor wtw.vl wed by the Engineer. e C`a •...............i.. ■ - vr; 3.T streon TOCer is optional.Wren�ra,It smuio De 100 fee`mininuo — 3 -e �F: ♦ J �� p' 4.F appllFAtiCne,WWW 00{t rI.'mWel frgnm Ore hot used,Ins 63tt W !i i � • �. I I ..J.�.. ..�. Shodbw Vehicle Ith.. _r___ § leq°nd rfa'/W Slxien oft itis SiCn TOCt ratnK tflfx7 G!D CW16-30P StPDl en■nTai p- -g_. ♦ \I TMA Ma niptt intensity TY - D!Shad ,t ' - rotating,o osh ing, � �Uq' _ � 5.A Shadow tante la.Inn o TW anould be used erEyrine it ern be poctt iOnee _ R I. 30 t0 100 feet in OdvmDe Cf The croo Wew exposure witnout caversel offecTi � ' I I exillptirq Cr Strppe ■ ' m Y ng F � x ti is_(Sae note-5 6 61 - C -6a1 o �. • ....___I -,n V 36 MQ Fen ottvra y auplTTy of ttx wort_If corkers ere np r D ' _ - f larger present but rood � Vr • • �� or wNk conditions timrs rewire The traffic control to remain in piped.Type 3 I Z • • rvl �' 66T icades a^other Ltvxtrtl ii!np devi pts m7y!>Q SIIDSt ituted far the Snoops Ln• ;rte •' VI i-._......� • • •i Venicre end TW. Ln Y �� Z b.Adaitiomi Show Vanielam with TSua my De oos'.tloned in eoen ciWso J l ant,on me show!der Or off the Doved strface,Next to floe Snows in order I RDTEs: I LANE I I xi - To protect o Widr work spade. W ' I. M NWISTAtfaGSTataMOU" U "; CLOSED J� Q LAR3CLOSED""0 FOR CN20-5TP 4• TCP (2-�O) �_ ntTDUNtvo NDROC DTET' 45' X 49' — }L T.I?MIS TCP tE used for a left lox Clpsura,C920-51L'LEFT LIRE CLOSED G Cs 1. LIErp POukOROCKT°MWIOE I♦♦�,' I • -..-- CNi-4L •J VEt■KATIONOF SHADOW W .V A' .` shall be used ona crg wtli'21ng Wvtces AMII De plated an tto cererlirx to J F W FT • 4B•X 48e 0�ak d VEHKIE FKWSEMEM. • (YMtt.t ins work spot[from ap005l rg tr pi(Fc ri th trx p-rpw 'ltl DIOCed Ir.the yl In CWIG-30P • X X eloped!One near the end o?me erai ng tdoer. '... 30'x 12' 'r. (see note 41 MPH 2713=1=4• TCP (2-AAl Z Z -w-4 6.For sherfer cueatloma wnI traffic 15 airectea aver a yellow centerlire, �W W ♦ .I x; chaneII Ino Oevices w�tfch separate two-day traffic omid be SDo_ed an tcpsrs W / •� .+t _..Y +-y- at 20.Or 15'it posted speeds ars SS aah Or'aloeer,°red far tangent aeat;pna,or Z'G Q 1!2151 where 5 is tfv speed in xp n. Thim Hamer OevFCae sadcirg is interAaO fCr V1 W (L i U II END - <` ..xI �- RIGHT the area of eonfrtCttng mo•kinCS,not.ne renttra work tone. tT Q>O ROAD WORK ` �•' .n,pry m ... CLOSED CW20-S TR TtaTe W J U cep-2 a b i b 4 14 S ROAD WORK AD WORK V I V`u I Q x % 4e•x 4e" `W LL 7 T..apartment of 7 f. St4nOer■ a9'z 2a' $ <0.2 c ....Yi 311 -3oP, _._ —.__ _ Q.> AHEAD i` - x 3D x r2 W a9'°X'48' x' 'See TRAFFIC CONTROL PLAN t.4, p See°gmie 11 ! 4r. LANE CLOSURES ON MULTILANE 1 uj I z CONVENTIONAL ROADS N Q ROAD TCP (2-4a) TCP (2-4b) WORK ILI AHEADcAzp-a TCP(2-4)-I a ONE LANE CLOSED TWO LANES CLOSED (F' i •' See not II rra� `n•— - e-SS 5-03"� 6/27/2018 mu ' d4 :'te i-a I IS:J � °_yrt•� rs:� tplao K K SEi}IBONN■I IDB NUMB F.SSJC DATE 476ml ' osmna 39,.40/�t SSP1508-0004 g(�g B dp RR 9 y \ RECH25_.._ ol �w�w�w -wwwww`I�.�Yww'y' wwwiyw�wl�r -YWflr`li��ww mm ` :•',1., _'`--�—�'''.I_I ;�' .i. moi. '.Pa_'� ��1.�-= I� � F /�R i M� rn o 11 U 0 U u C m -a 0 m p m ; 77 p 3. O C� i C n Z ��` a•c+�o`-wry krcr ORANHBY MARK IV CAPITAL p = GES°.:1C SUMMIT II AT LA FRONTERA Stantec LANDSCAPE PLAN i �• u,w�wnev.as«Y00 710 NESTERS CROSSING a't.•�,.,,'� '""''""°°' $ ROUND ROCK,TEXAS IYIOJECf Ib.011181•�lyy11Y Colqphl C 10N ozro,,xla v.mre.rn.4:mr rmrya,.r w mn.�.w rry eo.n..npa..•.,..1W•.u u.•f w EXHIBIT "D" Access License (See Attached) to TEMPORARY LICENSE TO USE REAL PROPERTY This TEMPORARY LICENSE TO USE REAL PROPERTY (this "Temporary License") is dated for reference purposes as July 13, 2018 and is made and entered into by and between M4 LA FRONTERA, LLC,a Texas limited liability company("Owner"),and CITY OF ROUND ROCK,TEXAS,a Texas home rule municipality("LICENSEE"). LICENSEE is hereby granted a limited,revocable license to use that certain premises described as a portion of the Summit at La Frontera site located at 810 Hesters Crossing Road, Round Rock,TX 78681(the"Premises"),as depicted in Exhibit A attached hereto and incorporated herein by this reference, for the limited purpose of temporarily accessing LICENSEE's water tower during the construction of improvements by M4 La Frontera II, LLC, to the existing driveway serving such water tower as further described in that certain Development Agreement Regarding Summit II Improvements attached hereto as Exhibit B and incorporated herein by this reference,for the period beginning on July 16, 2018 and ending on or before the earlier of(i) September 15, 2018 or (ii)the date upon which Owner provides written notice of termination to Licensee(the"Term"). Only LICENSEE and LICENSEE'S Agents may enter, use or possess the Premises during the Term and only for the aforesaid limited purpose, and LICENSEE may not assign,sublet or license any use of the Premises(or any portion thereof)to any other person(s) for any other purposes whatsoever, without the prior written consent of Owner in each instance, in Owner's sole and absolute discretion. LICENSEE will keep Owner reasonably informed at all times regarding LICENSEE's and LICENSEE'S Agents proposed activities in,on and about the Premises. LICENSEE and LICENSEE'S Agents shall make no alterations or improvements of any kind in or about the Premises,or store any private property,equipment,or vehicles on the Premises overnight,without the prior written consent of Owner,in its sole and absolute discretion. "LICENSEE'S Agents" means Licensee's authorized agents, representatives, consultants, contractors, partners, subsidiaries,affiliates,directors,officers,and employees. If LICENSEE or LICENSEE'S Agents need assistance entering the Premises or while on the Premises, LICENSEE or LICENSEE'S Agents shall call Tami Caudle at 480-251-4034 or 512-514-0099 to notify Owner, or Shawn Park at 512-632-7458 or Geraldo Rendon at 432-528-9392 to notify Owner's contractor. While LICENSEE or LICENSEE'S Agents are on site at the Premises and outside their vehicles, LICENSEE or LICENSEE's agents, employees,or contractors shall at all times wear appropriate protection customary for an active construction site, including but not limited to a hard hat,reflective safety vest,and safety glasses(the"Safety Items").If LICENSEE or LICENSEE'S Agents do not have the Safety Items, LICENSEE or LICENSEE'S Agents shall request such items from Owner upon arrival at the Premises and Owner shall use commercially reasonable efforts to make the Safety Items available to LICENSEE or LICENSEE'S Agents. Notwithstanding the foregoing, LICENSEE or LICENSEE'S Agents shall not access the Premises without wearing the Safety Items. LICENSEE accepts the Premises "AS IS" and acknowledges that Owner is under no obligation to modify, maintain or repair the Premises for LICENSEE's or LICENSEE'S Agents use. Owner expressly does not warrant the fitness for LICENSEE's or LICENSEE'S Agents use nor the condition of the driveways, drive aisles, other facilities, improvements, parking or appurtenances (as being in good or working condition or as being compliant with the Americans With Disabilities Act and/or any other laws and/or otherwise), and LICENSEE assumes all risks associated with its use of the Premises. LICENSEE acknowledges that Owner and Owner's Agents (as defined below) may require and shall have (for itself and its designees from time to time) access to the Premises at all times to perform inspections, maintenance and/or modifications of the improvements and to access the buildings, parking,driveways,drive aisles,and construction areas on Owner's property. Owner shall make reasonable efforts to minimize interference with LICENSEE's use of the Premises. "Owner's Agents" means Owner's authorized agents, representatives, property managers (whether as agents or independent contractors), consultants, contractors, partners,subsidiaries, affiliates,directors, officers,employees,and tenants and occupants of Owner's property and their respective employees and visitors. LICENSEE shall owe no rent for its use or possession of the Premises during the Term. -1- Upon the expiration or earlier termination of this Temporary License,Tenant shall surrender the Premises to Owner in its condition existing as of the beginning of the Term, including but not limited to all personal property of LICENSEE removed and all damages caused to the Premises(or any portion thereof)during the Term fully repaired at LICENSEE's sole cost and expense. In the event that the Premises is not maintained in the condition required above,Owner shall have the right after two(2) business days' notice to perform such maintenance or repairs and have the right to reimbursement from LICENSEE for the cost thereof. LICENSEE shall provide Owner with a certificate of insurance for not less than $1,000,000 in liability coverage in form and content acceptable to Owner naming Owner as additional insured, and LICENSEE shall maintain the insurance reflected in such certificate in full force and effect throughout the Term. To the extent permitted by applicable law, LICENSEE agrees to indemnify, defend, and hold Owner (its officers, representatives, trustors, trustees, beneficiaries, agents, employees, successors and assigns) harmless from any claims, demands, liabilities, causes of action, suits, judgements, damages, losses, claims and expenses (including without limitation attorneys'fees)that result from, arise out of, relate to, or are connected with (1)this Temporary License or LICENSEE's (or LICENSEE'S Agents) use or possession of the Premises; (ii) any injury to or death of any person or persons or damage to or destruction,loss, or loss of use of any property(each,a "Loss")to the extent caused by LICENSEE or LICENSEE'S Agents in its use of the Premises;or(iii)LICENSEE's failure to perform its obligations under this Temporary License. This Temporary License is terminable only with cause, and in any event upon breach of this Temporary License. LICENSEE shall promptly vacate the Premises upon termination of this Temporary License (including without limitation removing all personal property stored therein) or not later than one(1)day after notice of termination of this License from Owner. LICENSEE will comply with any reasonable rules and regulations promulgated by Owner at any time(s)concerning the Premises. In the event LICENSEE fails to timely vacate the Premises and leave the same in the condition required hereunder, LICENSEE acknowledges that it will be liable to Owner for any and all damages caused. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -2- IN WITNESS WHEREOF,the parties hereto have caused this Temporary License to be duly executed by their duly authorized representatives as of the date first written above. LICENSEE: CITY OF ROUND ROCK,TEXAS, a Texas home rule municipality By: Name: Title: Date: OWNER: �- M4 LA FR TERA,LLC, a Texas imited liability company By: ' Name: Stephen A. Metzger Title: Chief Operating Officer Date: - 1 - EXHIBIT A DESCRIPTION OF THE PREMISES -'-----•- -'-,-------------------L - -_--- �-_- --------- --- _ ._ . +x s,lxer�r i.'PON 4- � ''{ '�-�• . ,••••.• TRACE 2 Lug a 33" --------••------- ------------------------ --------------------------------- 04 ., , � - .. ..•....-.... a: .. _ ,at i r ... .. .,, ._.. T�...1 loll i .••••. y1 MC VI� 1YYU 4tf•f(fl 1 ! -•1 e.p v,s-of♦AW !r41'tP jll,I'OMC II 4 -:� - f•UanSTWow PS CAV.!✓.% "•'hl "---------------____...Mf �f."„y i• .H.`r.:.� —r__ "eta, l 'j. D�� t r I CURIE T V�``.,'-•' P-ny vw lWf.e.un',uw affr wrr ` � ��..;' ' 1 1 I• tl aRY_p0°1-i99M INCf6YL !MIN �f y � y J J .a.l'r.l.I, r� •` kL _'•_ .lila � - .++°�� • The Premises is depicted by the yellow shaded area in the above diagram. -2- EXHIBIT B DEVELOPMENT AGREEMENT REGARDING SUMMIT II IMPROVEMENTS (See Attached) -3- TEMPORARY LICENSE TO USE REAL PROPERTY This TEMPORARY LICENSE TO USE REAL PROPERTY (this "Temporary License") is dated for reference purposes as July 13,2018 and is made and entered into by and between M4 LA FRONTERA II,LLC,a Texas limited liability company("Owner"),and CITY OF ROUND ROCK,TEXAS,a Texas home rule municipality("LICENSEE"). LICENSEE is hereby granted a limited,revocable license to use that certain premises described as a portion of the Summit II at La Frontera site located at 710 Hesters Crossing Road, Round Rock,TX 78681(the"Premises"), as depicted in Exhibit A attached hereto and incorporated herein by this reference, for the limited purpose of temporarily accessing LICENSEE's water tower during the construction of improvements by Owner to the existing driveway serving such water tower as further described in that certain Development Agreement Regarding Summit II Improvements attached hereto as Exhibit B and incorporated herein by this reference,for the period beginning on July 16, 2018 and ending on or before the earlier of(i) September 15, 2018 or(ii)the date upon which Owner provides written notice of termination to Licensee(the"Term"). Only LICENSEE and LICENSEE'S Agents may enter, use or possess the Premises during the Term and only for the aforesaid limited purpose, and LICENSEE may not assign, sublet or license any use of the Premises (or any portion thereof) to any other person(s) for any other purposes whatsoever,without the prior written consent of Owner in each instance, in Owner's sole and absolute discretion. LICENSEE will keep Owner reasonably informed at all times regarding LICENSEE's and LICENSEE'S Agents proposed activities in, on and about the Premises. LICENSEE and LICENSEE'S Agents shall make no alterations or improvements of any kind in or about the Premises, or store any private property, equipment, or vehicles on the Premises overnight,without the prior written consent of Owner,in its sole and absolute discretion. "LICENSEE'S Agents" means Licensee's authorized agents, representatives, consultants, contractors, partners, subsidiaries,affiliates,directors,officers,and employees. If LICENSEE or LICENSEE'S Agents need assistance entering the Premises or while on the Premises, LICENSEE or LICENSEE'S Agents shall call Tami Caudle at 480-251-4034 or 512-514-0099 to notify Owner, or Shawn Park at 512-632-7458 or Geraldo Rendon at 432-528-9392 to notify Owner's contractor. While LICENSEE or LICENSEE'S Agents are on site at the Premises and outside their vehicles, LICENSEE or LICENSEE's agents, employees, or contractors shall at all times wear appropriate protection customary for an active construction site, including but not limited to a hard hat,reflective safety vest,and safety glasses(the"Safety Items").If LICENSEE or LICENSEE'S Agents do not have the Safety Items, LICENSEE or LICENSEE'S Agents shall request such items from Owner upon arrival at the Premises and Owner shall use commercially reasonable efforts to make the Safety Items available to LICENSEE or LICENSEE'S Agents. Notwithstanding the foregoing, LICENSEE or LICENSEE'S Agents shall not access the Premises without wearing the Safety Items. LICENSEE accepts the Premises "AS IS" and acknowledges that Owner is under no obligation to modify, maintain or repair the Premises for LICENSEE's or LICENSEE'S Agents use. Owner expressly does not warrant the fitness for LICENSEE's or LICENSEE'S Agents use nor the condition of the driveways, drive aisles, other facilities, improvements, parking or appurtenances (as being in good or working condition or as being compliant with the Americans With Disabilities Act and/or any other laws and/or otherwise), and LICENSEE assumes all risks associated with its use of the Premises. LICENSEE acknowledges that Owner and Owner's Agents (as defined below) may require and shall have (for itself and its designees from time to time) access to the Premises at all times to perform inspections, maintenance and/or modifications of the improvements and to access the buildings, parking, driveways, drive aisles, and construction areas on Owner's property. Owner shall make reasonable efforts to minimize interference with LICENSEE's use of the Premises. "Owner's Agents" means Owner's authorized agents, representatives, property managers (whether as agents or independent contractors), consultants, contractors, partners, subsidiaries, affiliates, directors, officers, employees, and tenants and occupants of Owner's property and their respective employees and visitors. LICENSEE shall owe no rent for its use or possession of the Premises during the Term. - 1 - Upon the expiration or earlier termination of this Temporary License,Tenant shall surrender the Premises to Owner in its condition existing as of the beginning of the Term, including but not limited to all personal property of LICENSEE removed and ail damages caused to the Premises(or any portion thereof)during the Term fully repaired at LICENSEE's sole cost and expense. In the event that the Premises is not maintained in the condition required above,Owner shall have the right after two(2) business days'notice to perform such maintenance or repairs and have the right to reimbursement from LICENSEE for the cost thereof. LICENSEE shall provide Owner with a certificate of insurance for not less than $1,000,000 in liability coverage in form and content acceptable to Owner naming Owner as additional insured, and LICENSEE shall maintain the insurance reflected in such certificate in full force and effect throughout the Term. To the extent permitted by applicable law, LICENSEE agrees to indemnify, defend, and hold Owner (its officers, representatives, trustors, trustees, beneficiaries, agents, employees, successors and assigns) harmless from any claims, demands, liabilities, causes of action, suits,judgements, damages, losses, claims and expenses (including without limitation attorneys'fees)that result from, arise out of, relate to, or are connected with (i)this Temporary License or LICENSEE's (or LICENSEE'S Agents) use or possession of the Premises; (ii) any injury to or death of any person or persons or damage to or destruction,loss,or loss of use of any property(each, a"Loss")to the extent caused by LICENSEE or LICENSEE'S Agents in its use of the Premises;or(iii)LICENSEE's failure to perform its obligations under this Temporary License. This Temporary License is terminable only with cause, and in any event upon breach of this Temporary License. LICENSEE shall promptly vacate the Premises upon termination of this Temporary License (including without limitation removing all personal property stored therein) or not later than one(1)day after notice of termination of this License from Owner. LICENSEE will comply with any reasonable rules and regulations promulgated by Owner at any time(s)concerning the Premises. In the event LICENSEE fails to timely vacate the Premises and leave the same in the condition required hereunder, LICENSEE acknowledges that it will be liable to Owner for any and all damages caused. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -2- IN WITNESS WHEREOF,the parties hereto have caused this Temporary License to be duly executed by their duly authorized representatives as of the date first written above. LICENSEE: CITY OF ROUND ROCK,TEXAS, a Texas home rule municipality By: Name: Title: Date: OWNClimitedliabillitycompany M4 L a Tex By: 1 Name: Stephen A. Metzger Title: Chief Operating Officer Date: '7. zv i y -3- EXHIBIT A DESCRIPTION OF THE PREMISES f ..I Ili ._ .. _. • .!` awtc.w-n at u �' - IH J l/� _ eclaxt aiv �?"• j ,,.i,I;I f: \ 'III[ tE[ R t • •• + f t I I'-ICL•E *CET ^•LL[ • The Premises is depicted by the yellow shaded area in the above diagram. • The red star in the above diagram depicts the location of a gate between Owner's property and LICENSEE's property.Such gate will be locked with a combination lock provided by LICENSEE.The combination of the lock will be provided by LICENSEE to Owner. -4- EXHIBIT B DEVELOPMENT AGREEMENT REGARDING SUMMIT II IMPROVEMENTS (See Attached) -5- EXHIBIT"E" Access Easement (See Attached) 11 ACCESS EASEMENT AGREEMENT STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON ) That the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, "GRANTOR', for and in consideration of the payment of TEN and NO/100 DOLLARS, and other good and valuable consideration,in hand paid to GRANTOR by M4 LA FRONTERA II, LLC, a Texas limited liability company, "GRANTEE", the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said GRANTEE, certain rights and interests in the nature of a perpetual access easement for pedestrian and vehicular ingress and egress to and from the Summit II Property (defined below) and Hesters Crossing Road, on, across and through the following described property: Being all that certain tract,piece or parcel of land lying and being situated in the County of Williamson, State of Texas, being more particularly described by metes and bounds in Exhibit"A"and by diagram in Exhibit "B" attached hereto and made a part hereof for all purposes (herein sometimes referred to as the"Easement Area"or the"Property"). upon, over, and across said Property as herein described, for the benefit of the Summit II Property. GRANTOR is the owner of the real property located at 650 Hesters Crossing Road, Round Rock,Texas 78681 used for an elevated water storage tank(hereinafter,"City Property"), further described in Exhibit "C" attached hereto and made a part hereof for all purposes. The Easement Area is located on a portion of the City Property. GRANTEE is the owner of the real property located at 710 Hesters Crossing Road, Round Rock, Texas 78681 known as The Summit at La Frontera (hereinafter, "Summit II Property"), fiirther described in Exhibit "D" attached hereto and made a part hereof for all purposes. This easement, and the rights and privileges granted by this conveyance, are non- exclusive and appurtenant to the Summit II Property. However, GRANTOR hereby covenants that GRANTOR and GRANTOR's successors and assignees shall not convey any other easement, license, or conflicting right to use the Easement Area or any portion thereof, or otherwise permit the use of the Easement Area,in any manner that will materially interfere with the use for which this easement is granted.This easement is appurtenant to and runs with the title to all or any portion of the Summit II Property, whether or not the easement is referenced or described in any conveyance of all or such portion of the Summit II Property. The easement granted herein(and obligations of GRANTOR hereunder)are for the benefit of and enforceable by GRANTEE and GRANTEE`s heirs, successors, assigns, transferees, and mortgagees who at any time own the Summit II Property or any portion of or interest in the Summit II Property(as applicable, the"Holder") and such easement may be used by Holder and its tenants, and their respective employees, agents, representatives, consultants, customers, mortgagees, invitees, permittees and guests("Permitted Users"). GRANTEE covenants that: (a) Following completion of construction of the Driveway Improvements (defined below) by GRANTEE pursuant to that certain Development Agreement Regarding Summit II Improvements by and between GRANTOR and GRANTEE dated of even date herewith (the "Development Agreement"), GRANTEE shall operate, maintain and repair (at GRANTEE's sole cost) those certain driveway improvements and other paved areas located within the Easement Area,as well as any landscaping installed by GRANTEE adjacent to such driveway improvements (only to the extent located between the Summit II Property and such driveway improvements,and not any other landscaping on the City Property) "uiwnil 11 aLMo DIN111enl tri(foul Of' 1' I )dor.:, (such driveway improvements and landscaping referred to collectively herein as the"Driveway Improvements"). (b) GRANTEE shall promptly repair(at GRANTEE's sole cost) any damage to the City Property caused by GRANTEE or its Permitted Users during their use of the Easement Area; (c) GRANTEE shall perform, at its sole cost and expense, maintenance, operation, management, restoration and normal repair and replacement of all Driveway Improvements located within the Easement Area (collectively, the "Grantee Maintenance Obligations"). GRANTEE shall perform the Grantee Maintenance Obligations in a commercially reasonable manner and in at least the same standard and quality as GRANTEE maintains the remainder of the drives and parking areas on the Summit 11 Property. In the event GRANTEE fails to satisfy the Grantee Maintenance Obligations,GRANTOR may provide written notice to GRANTEE of such failure,and GRANTEE shall proceed to cure any such failure as soon as reasonably practicable but in no event more than thirty (30) days following receipt of written notice thereof from GRANTOR (or as soon as possible if in the event of an emergency, or, if such Grantee Maintenance Obligations cannot reasonably be fulfilled in said thirty (30) days, then such additional time as may be reasonably required provided GRANTEE commences such cure within the initial thirty(30)day period and thereafter diligently pursues completion of same). In the event GRANTEE fails to perform the Grantee Maintenance Obligations, and such failure continues after the foregoing cure period, GRANTOR may, at GRANTOR's sole option (without any obligation), perform such Grantee Maintenance Obligations,and GRANTEE shall reimburse GRANTOR for its actual costs in connection with such Grantee Maintenance Obligations within thirty(30) days following GRANTEE's receipt of an invoice therefor from GRANTOR. (d) GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS GRANTOR AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, SUITS, JUDGMENTS,DAMAGES,AND EXPENSES (INCLUDING ACTUAL REASONABLE ATTORNEYS' FEES) ARISING FROM(1) ANY INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR THEFT,DESTRUCTION,LOSS,OR LOSS OF USE OF ANY PROPERTY(A"LOSS")TO THE EXTENT CAUSED BY GRANTEE'S OR ITS PERMITTED USER(S)' USE OF THE EASEMENT AREA OR (2) GRANTEE'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. TILE FOREGOING INDEMNITY SHALL NOT EXTEND TO ANY LOSS CAUSED BY GRANTOR OR ANY OF GRANTOR'S OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS. THIS INDEMNITY PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (e) GRANTEE shall not undertake,nor shall GRANTEE permit any of GRANTEE's agents, contractors, employees or representatives to undertake, any invasive investigation, drilling or sampling of the soil or groundwater on City Property without the prior written consent of GRANTOR, which consent shall be in GRANTOR's sole discretion. Notwithstanding the foregoing, GRANTOR shall not unreasonably withhold written consent of invasive investigation, drilling, or sampling of the soil or groundwater within the Easement Area to the extent required pursuant to or related to the Grantee Maintenance Obligations. {f) GRANTEE shall conduct all activities and rights under this agreement in such a manner so as to not disturb GRANTOR's use of the remainder of the City Property (provided that use by Holder and the Pennitted Users of the Easement Area for the purpose described herein and the performance of the Grantee Maintenance Obligations shall not be considered a disturbance of GRANTOR's use of the remainder of the City Property). In the event GRANTEE's use of the Easement Area hereunder disturbs GRANTOR's use of the remainder of the City Property, GRANTOR may provide written notice to GRANTEE of such disruption, and GRANTEE shall proceed to cease or remediate any activities causing such disturbance as soon as reasonably practicable but in no event less than thirty(30)days following receipt of written notice thereof from GRANTOR. (g) In no event shall GRANTEE have any obligation hereunder to maintain,repair or replace those certain fence and gate improvements constructed by GRANTEE in accordance with the Development Agreement (whether or not located in the Easement Area),nor shall GRANTEE have any obligation hereunder to maintain any landscaping adjacent to the Driveway Improvements (other than the landscaping located between the Summit II Property and Driveway Improvements). (h) GRANTEE shall have no liability for any Loss caused by GRANTOR or GRANTOR's officers, employees, representatives, agents, vendors, or guests (collectively,the"Grantor Parties")use of the Easement Area or City Property. (i) In the event GRANTOR or any Grantor Parties cause Material Damage to the Driveway Improvements, GRANTEE shall promptly notify GRANTOR of such Material Damage,including a description of the damage,how it was caused,and the estimated costs to repair such Material Damage. "Material Damage" shall mean damage to the Driveway Improvements that would cost more than One Thousand Dollars($1,000.00)to repair and excludes ordinary wear and tear and damage due to the customary use for vehicular ingress and egress by GRANTOR or Grantor Parties.Within twenty(20)days of receipt of such notice,GRANTOR shall notify GRANTEE as to whether(i)GRANTOR elects to perform the repairs necessary to repair such Material Damage at GRANTOR's sole cost and expense, (ii)GRANTOR elects to reimburse GRANTEE for GRANTEE's costs incurred in repairing such Material Damage,such reimbursement not to exceed the estimated costs set forth in GRANTEE's notice and such reimbursement to be made within thirty (30) days following receipt of an invoice therefore, or (iii) GRANTOR objects to the claim that such Material Damage was caused by GRANTOR or Grantor Parties. In the event GRANTOR timely objects pursuant to subsection (iii) above, GRANTOR and GRANTEE shall submit such claim to an independent third-party mediator in an attempt to resolve such claim,and if such claim is not resolved via mediation,then GRANTOR and GRANTEE shall have all rights at law and in equity for the resolution of such claim. TO HAVE AND TO HOLD the rights and interests herein described unto GRANTEE, and its successors and assignees, forever,and GRANTOR does hereby bind itself,its successors and assignees, to warrant and forever defend, all and singular, these rights and interests unto GRANTEE, and its successors and assignees, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, by, through or under GRANTOR but not otherwise. The rights, benefits, burdens and obligations of GRANTOR and GRANTEE respectively hereunder are intended to run with the City Property and the Summit II Property respectively, and to bind and inure to the benefit of and be enforceable by and against the respective heirs, successors, assigns, transferees, mortgagees and tenants of GRANTOR and GRANTEE respectively who at any time own the Summit II Property,the City Property,or any portion of or interest in either the Summit II Property or the City Property. All notices, requests or other communications required or permitted by this Access Easement Agreement shall be in writing and shall be sent by(i) by overnight courier or hand delivery, or (ii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses (or to such other address(es) as GRANTOR and/or GRANTEE,or their respective transferee(s)of the City Property or the Summit II Property,shall specify from time to time in written notice to the other party): If to GRANTOR: Laurie Hadley,City Manager 221 East Main Street Round Rock,Texas 78664 Phone:(512)218-5401 With copy to: Stephan L.Sheets Sheets&Crossfield,PLLC 309 E.Main St. Round Rock,Texas 78664 If to GRANTEE: M4 La Frontera II,LLC c/o Mark IV Capital,Inc. 4450 MacArthur Blvd.,Second Floor Newport Beach,California 92660 Attn:Regional Vice President With copy to: M4 La Frontera II,LLC c/o Mark IV Capital,Inc. 4450 MacArthur Blvd.,Second Floor Newport Beach,California 92660 Attn:Chief Operating Officer GRANTOR and GRANTEE agree that the obligations of each party shall be subject to force majeure events including, but not limited to, acts of God, war, acts of terrorism, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or material, government regulation or restrictions,weather conditions, and other acts beyond the applicable party's control. GRANTOR and GRANTEE agree that all actions to be performed under this Access Easement Agreement are performable in Williamson County, Texas. GRANTOR and GRANTEE agree that this Access Easement Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Access Easement Agreement at a future date shall be made under the laws of the State of Texas with venue being in the state District Court of Williamson County,Texas. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW] I EXECUTED this day of ,2018. GRANTOR: CITY OF ROUND ROCK By: Craig Morgan,Mayor Date Signed: ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § BEFORE ME,the undersigned,a notary public in and for said county and state,on this day personally appeared CRAIG MORGAN,Mayor of the City of Round Rock,a Texas Home Rule Municipality,on behalf of said municipality,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office on this the_day of ,2018. NOTARY PUBLIC in and for the State of Texas [SIGNATURES CONTINUE ON FOLLOWING PAGE] [SIGNATURE PAGE FOR ACCESS EASEMENT AGREEMENT, CON'T] GR7LAFRONTERA II,L By: Stephen A. Me zger Its: Chief Operating Officer Date Signed: 7 --i-o ACKNOWLEDGEMENT STATE TEXAS § COUNTY OF WIL MSON § BEFORE ME,the unde ed,a notary public in and for said county and state,on this day personally appeared (Name), (Title) of M4 La Frontera II,LLC,on behalf of s ' company,known to me to be the person whose name is subscribed to the foregoing instrument, and owledged to me that he/she executed the same for the purpose and consideration therein expresse . Given under my hand and seal of office on this the of ,2018. NOTARY PUBLIC in and for -e-State of Texas See, CLQ 4 0-C>/%4P-4A (End) 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of O Y--axn A P . On 7LAA u AQ. a,.0 12 before me, P`essohollr-a C oncr 0C_,%do fi lew,*,hg ,1Jo� Date Here Insert Name a d Title of the OffiL r personally appeared e_Y' Nam )of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the Instrument. I certify under PENALTY OF PERJURY under the ALESSONDRACONCEPCION FLEMING laws of the State of California that the foregoing NolaryPublic—California r paragraph is true and correct. Orange County A j Commission#2210275 WITNESS my hand and official seal. My Comm.Expires Aug 17,2021 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association EXHIBIT"A" Description of Easement Area(Metes and Bounds) (See Attached) v MCJ<IM&C REED TRACT 1 Surveyor's Legal Description Being 6,995 square feet of land situated within the City of Round Rock,Jacob M.Harrell Survey,Abstract Number 284, Williamson County,Texas, being a portion of a parcel of land as described in the deed to the City of Austin recorded in Volume 1429,Page 462 of the Deed Records of Williamson County, Texas (hereafter referred to as the COA Parcel),and being a portion of Lot 5,Block A,La Frontera Section IIIA,as shown on the plat recorded in Cabinet S, Slide 370-374 of the Plat Records of Williamson County, Texas. Said 6,995 square feet of land surveyed on the ground in the month of May,2018 under the direction and supervision of Robert A. Hansen, Registered Professional Land Surveyor Number 6439 and being more particularly described as follows: BEGINNING at a found 1/2-inch rebar found at the northwest comer of said Lot 5; THENCE NORTH 69 degrees 32 minutes 48 seconds EAST, 19.20 feet with the north line of said Lot 5 to a 1/2-inch capped rebar stamped"RPLS 2218" found at a re-entrant corner of said Lot 5; THENCE NORTH 18 degrees 07 minutes 16 seconds WEST, 1.06 feet with the west line of a parcel of land as described in the deed to the City of Austin recorded in Volume 1429, Page 462 of the Deed Records of Williamson County,Texas(hereafter referred to as the COA Parcel); THENCE the following eleven (11) calls through the interior of said COA Parcel and said Lot 5: 1. NORTH 68 degrees 52 minutes 08 seconds EAST, 39.65 feet to the beginning of a tangent curve, concave to the south, having a radius of 53.00 feet, and a chord bearing and distance of SOUTH 86 degrees 14 minutes 58 seconds EAST,44.60 feet; 2. easterly an arc length of 46.03 feet; 3. NORTH 68 degrees 34 minutes 33 seconds EAST,6.21 feet; 4. NORTH 72 degrees 18 minutes 37 seconds EAST, 22.08 feet to the beginning of a non-tangent curve,concave to the west,having a radius of 51.50 feet, and a chord bearing and distance of SOUTH 01 degree 11 minutes 28 seconds EAST,26.21 feet; 5. southerly an arc length of 26.50 feet to the beginning of a reverse curve, 4 r? concave to the east,having a radius of 48.50 feet; 6. southerly an arc length of 20.08 feet; 7. SOUTH 09 degrees 43 minutes 04 seconds EAST, 0.84 feet to the ' a beginning of a non-tangent curve,concave to the west,having a radius of 71.50 feet, and a chord bearing and distance of SOUTH 03 degrees 34 minutes 28 seconds WEST,31.78 feet; 8. southerly an arc length of 32.04 feet; 9. SOUTH 16 degrees 24 minutes 47 seconds WEST, 24.34 feet to the beginning of a tangent curve, concave to the east, having a radius of 13.00 feet, and a chord bearing and distance of SOUTH 13 degrees 01 minute 14 seconds EAST, 12.78 feet; 10. southerly an arc length of 13.36 feet; 11. SOUTH 42 degrees 27 minutes 16 seconds EAST,3.91 feet to a point on the northerly right of way line of Hesters Crossing Road,a 100-foot right of way as dedicated on the plat of said La Frontera Section IIIA (from which a 1/2-inch capped rebar stamped "RPLS 2218"bears NORTH 50 degrees 41 minutes 20 seconds EAST, 107.36 feet) being the beginning of a non-tangent curve, concave to the southeast, having a radius of 1050.00 feet,and a chord bearing and distance of SOUTH 46 degrees 37 minutes 51 seconds WEST,41.32 feet; THENCE southerly coincident with the northerly curving right of way line of said Hesters Crossing Road an arc length of 41.33 feet to the beginning of a non-tangent curve, concave to the east,having a radius of 54.91 feet, and a chord bearing and distance of NORTH 09 degrees 42 minutes 24 seconds WEST,42.77 feet; THENCE the following five (5) calls through the interior of said Lot 5 and said COA Parcel: 1. northerly an arc length of 43.93 feet; 2. NORTH 16 degrees 24 minutes 47 seconds EAST, 34.80 feet to the beginning of a tangent curve, concave to the west, having a radius of 41.50 feet, and a chord bearing and distance of NORTH 03 degrees 34 minutes 28 seconds EAST, 18.44 feet; 3. northerly an arc length of 18.60 feet to the beginning of a compound curve,concave to the southwest,having a radius of 23.00 feet; 4. northwesterly an arc length of 40.89 feet; 5. SOUTH 68 degrees 52 minutes 08 seconds WEST, 59.27 feet to the west line of said Lot 5; THENCE NORTH 20 degrees 26 minutes 16 seconds WEST, 29.17 feet with the west line of said Lot 5 to the POINT OF BEGINNING, containing 6,995 square feet (0.161 ± acre). The Basis of Bearings for this description is Grid North as established by GPS observation utilizing the Texas Coordinate System of 1983,Central Zone. Robert A. ansen Registered Professional ".""`."""""""'... ROBERT A. HANE Land Surveyor,No. 6439 ""�""""""""...... t""' Email: rhansen@mckimcreed.com 6439 Date: May 24,2018 . �°� ��?O�'� `' C7 See attached exhibit of even date. S UR\J MCKW&CREED EXHIBIT"B" Description of Easement Area(Diagram) (See Attached) 8 LEGEND / �\ FOUND 1/2" IRON ROD W/CAP • STAMPED "RPLS 2218" / \ UNLESS OTHERWISE NOTED / \ CITY OF ROUND ROCK 0 CALCULATED POINT / ` VOLUME 1429, PAGE 462 R.O.W. RIGHT-OF-WAY GRANDE COMMUNICATIONS NETWORKS. INC. D.R.W.C.T (CALLED 0.074 ACRE) \ \ 1 DOCUMENT NUMBER 2003055821 O.P.R.W.C.T \ C 1 CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH Cl 46.03 53.00 49'45 47 S 86"14"58- E 44.60 P.O.S. G N C2 26.50 51.50 29'29 12 S 01'1 t 28 E 26.21 1/2- IRON\ y� C3 20.08 48.50 23'43 24 S 01-4-1'26'-W 19.94 ROD FOUND C4 32.04 71.50 25'40 39 S 03'34 28 W 31.78 / C5 13.36 13.00 58-52'03" S 13'01 14 E 12.78 <� C6 41.33 1050.00 2'15'18" S 46!37'51" W 41.32' 0.161 ACRES C7 43.93 54.91 45750 17 N 09-42'24- (6995 SQ. FT.)W 42.77 B NG DISTANCE C8 18.60 41.50 25'40 39 N 03'34 28 E 18.44 / � / L1 IN 6T32'48' E 19.20 C9 40.89 23.00 101'52 00 N 60'11 52 W 35.71 \ °� L2 N 18'07 16 W 1.06 C10 107.40 1050.00 5'51 38 N 50'41 20 E 107.36 � L3 N 68'52 08 E 39.65 G L4 N 68'34'33" E 6.21 Z L5 N 72'18'37' E 22.08 LOT 3, BLOCK B LOT 5, BLOCK A L6 S 09-43'04' E 0.84 (CALLED 6.630 ACRE) (CALLED 0.30 ACRE) \ Q� > L7 S 16'24 47 W 24.34 CABINET T, SLIDES 329-330 DEDICATED TO THE CITY OF �1G LS S 4T27'1 6E 3.9i P.R.W.C.T ROUND ROCK FOR PUBLIC UTILITIES �`�1,y1� L9 N 16'24 47 E 34.80 CABINETS, SLIDES 370-374 \ n �Ci L10 S 68'52 OS W 159.27 NOTES: P.R.W.C.T '� �', Q�'Q4,�.r\. 1 6 W129.17' 5 G. 1. BEARING BASIS: GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983, \ (�5 c3% 4L CENTRAL ZONE. \ l t1 TRACT 1 2. THIS EXHIBIT IS ACCOMPANIED BY A NARRATIVE METES AND BOUNDS GPS` 6,995 SQUARE FEET DESCRIPTION. \/ IN THE JACOB M HARRELL SURVEY, 3. THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A TITLE COMMITMENT. / ABSTRACT NO. 254, ROUND ROCK, THERE MAY BE EASEMENTS, RIGHTS-OF-WAY OR OTHER RESTRICTIONS / �.� WILLIAMSON COUNTY, TEXAS THAT ARE NOT SHOWN. 3 4. O.P.R.W.C.T. = OFFICIAL PUBLIC RECORDS OF WIWAMSON COUNTY, TEXAS. ENGINEERS, SURVEYORS, PLANNERS 8868 RESEARCH BOULEVARD, SUITE 407 5. P.R.W.C.T. PLAT RECORDS OF NJILLIAMSON COUNTY, TEXAS. / ROBERT A HMSEIV �� AUSTIN. TEXAS 78758 / � 68 `� 512-916-0224 6. D.R.W.C.T. = DEED RECORDS OF WILLIAMSON COUNTY, TEXAS. WWW.MMMCREED.COM •..�EBS � NO PART OR PARTS OF THIS DRAWING MAY 6E REPRODUCED OR RETRANSMITTED TBPLS FIRM REGISTRATION NO. 101776-01 / "7/V�Q "'• 1"=50' 065720005 IN ANY WAY OR FORM(ELECTRONIC,MECHANICAL, PHOTOCOPYING,OR OTHERWISE) WITHOUT THE EXPRESS WRITTEN PERMISSION OF MCKIM&CREED 1NC. DRAWING: 7-\06572-0005 Mark IV- La Frontera Easement Exhibit\80-Drawings\ 05-23-2018 SUMMIT-PLOTTED-. May 4, 2018-OS-Bpm MAP SHEET 1 OF 1 O.D.B. SUMMIT-EASEMENT PLOTTED: May 24, 2018- 2 58prn EXHIBIT"C" City Property Tract One: Lot 5,Block A,LA FRONTERA SECTION IIIA,a subdivision in Williamson County,Texas, according to the map or plat recorded in Cabinet S,Slides 370-374 of the Plat Records of Williamson County,Texas and Document No.2000048386 of the Official Public Records of Williamson County,Texas. Tract Two: A tract of land(no acreage cited)conveyed to the City of Round Rock,Texas by instrument of record in Volume 1429,Page 462 of the Official Records of Williamson County,Texas. (See Attached) 9 �i ❑I 1122 ❑1 44 zrYei esus 4 — � 3,99,B2.OLS I�� Hill'581�v na.Ar) 4• �p�� 4a E a--e it FRONTIER nM& 1 � 8 9 U) lo r �F� - C. r . r 0 r m L I LI ------ � N 1 i s� P Z �s I Z ��pe �_ ��® ®Be�aae��.m�#®®teen®9e►.. � � • �� i e99�»X�5�5*�li�i:�eg�fa;5� HE � RE Egli rNnw+A�ra�r.rAo.Auna wua.....n.re� SITE DESIGN SURVEY OF THREE TRACTS: 1)LOT D,BLACK A.LA FRONTERA SECTION HU. BASELINE LAND SURVEYORS 0 Lars s1.W 5t-gU Dut9e Date;OB 1fi 17 A SUDDIVISION OF RECORD IN CABINET S.SLIDES 970-974 OF THE PLAT RECORDS r INC, In seal. ar.:1=40 Scale Vert.: DF 1RLLIAII80N COUNTY,TEXAS AND DOCUMENT NUMBER 2000040989 OF THE OFFICIAL PUBLIC PROFESSIONAL LAND SURVEYING SERVICES o;= Drawn Byt RLW Cheakad Byt Jsl RECORDS OF WILLIAMSON COUNTY,TEXANS;2)A TRACT OF LAND(NO ACREAGE CITED) gpOD ANDERSON SQUARE ROAD, SUITE 101 CONVEYED TO CITY OF ROUND ROCK,TEXAS BY INSTRUMENT OF RECORD 1N VOLUME 142®, RGY191an It pAGE 402 OF THE OFFICIAL RECORDS OF IIILAWOH COIIN17,TEXAS AND 9)A 0.074 OF AUSTIN, TEXAS 78757 0 Rev�bn 2t ONE ACRE TRACT OF LAND CONVEYED TO GRANDE COMMUNICATIONS NETWORKS,INC.BY TELE;512,374.9722 Revhbn 3: INSTRUMENT OF RECORD IN DOCUMENT NUMBER 8009085081 OF FIRM REGISTRATION CERTIFICATE J10015100 Revkrlan 4! THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,SELLAS ran0busellnelandsurva Drs.nel