Contract - Cressman Enterprises and Round Rock Municipal Utility District No 2 - 5/9/2019CONSENT AND DEVELOPMENT AGREEMENT
AMONG
CITY OF ROUND ROCK, TEXAS;
CRESSMAN ENTERPRISES, LP, KATHRYN A. CRESSMAN, AND THE
ESTATE OF MARVIN R. CRESSMAN, A/K/A MARVIN RICHARD
CRESSMAN, DECEASED;
AND
ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 2
K.."Lel-meq
(W0881151.141
W0881151.DOCX
CONSENT AND DEVELOPMENT AGREEMENT
This CONSENT AND DEVELOPMENT AGREEMENT (this "Agreement") is
by the City of Round Rock, Texas, a home -rule city located in Williamson County,
Texas (the "C"), and Cressman Enterprises, LP, Kathryn A. Cressman, and the
Estate of Marvin R. Cressman, a/k/a Marvin Richard Cressman, Deceased
(collectively, the "Owner"). Subsequent to its creation, Round Municipal Utility
District No. 2, a proposed municipal utility district to be created pursuant to Article
XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code as
contemplated by this Agreement (the "District"), will become a party to this Agreement.
The City, the Owner, and the District are sometimes referred to herein as a "Par " and
collectively as the "Parties".
RECITALS
WHEREAS, the Owner owns approximately 174.21 acres of land located entirely
within the corporate boundaries of the City (the "Land"); and
WHERAS, the Land is more particularly described by metes and bounds on the
attached Exhibit A'and its boundaries are depicted on the concept plan attached as
Exhibit B (the "Concept Plan"); and
WHEREAS, the Owner intends that the Land will be developed in phases as a
master -planned, residential community that will include park and recreational facilities
to serve the Land; and
WHEREAS, the Owner and the City wish to enter into this Agreement to encourage
innovative and comprehensive master -planning of the Land, provide certainty of
regulatory requirements throughout the term of this Agreement, and result in a high-
quality development for the benefit of the present and future residents of the City and the
Land; and
WHEREAS, the Owner has proposed to create the District over the Land pursuant
to an application to be filed with and processed through the TCEQ (as defined in
ARTICLE I below) and has presented the City with a petition requesting the City's consent
to the creation of the District; and
WHEREAS, the purposes of the proposed District include designing, constructing,
acquiring, installing, financing, and conveying to the City water, wastewater, and drainage
utilities (including capacity or contract rights to capacity therein), roads and
improvements in aid of roads, park and recreational facilities, and other public
improvements as authorized by the Texas Constitution and Texas Water Code to serve the
area within its boundaries (collectively, the "District Improvements"); and
WHEREAS, construction of the District Improvements will occur in phases (as
determined by the District and the Developer(s) (as defined herein)) in accordance with
this Agreement; the applicable ordinances of the City; Chapters 49 and 54, Texas Water
(W0881151.14)
{Wo881151.14}
Code, as amended; the rules and regulations of the TCEQ, as amended; and applicable
state and federal regulations (collectively, the "Applicable Regulations"); and
WHEREAS, the City and the Owner intend that the Reimbursable Costs (as defined
in ARTICLE I below) of the District Improvements will be paid from the net proceeds of
bonds issued by the District (or surplus funds of the District) in accordance with this
Agreement, the applicable rules and regulations of the TCEQ, as amended, and the
applicable requirements of the Texas Attorney General's Office, as amended; and
WHEREAS, the District is authorized to enter into this Agreement pursuant to the
provisions of Texas law, including but not limited to, Chapters 49 and 54, Texas Water
Code, as amended; Chapter 791, Texas Government Code, as amended; and
Section 552.014, Texas Local Government Code, as amended; and
WHEREAS, the City is a municipal corporation operating under a home -rule City
Charter adopted under the laws of the State of Texas and pursuant to which the City has
the authority to enter into and perform its obligations under this Agreement including,
but not limited to, the ownership and operation of the District Improvements;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, including the agreements set forth below,
the Parties contract as follows:
ARTICLE I
DEFINITIONS
Section 1.oi. Definitions. In addition to the terms defined elsewhere in
this Agreement or in the City's ordinances, the following terms and phrases used in this
Agreement will have the meanings set out below:
Applicable Rules means the City's rules, ordinances, and regulations in
effect as of the Effective Date of this Agreement, as amended by: (i) any
amendments authorized by Chapter 245, Texas Local Government Code; (ii) any
approvals, variances, waivers, and exceptions to such rules that are approved by
the City; and (iii) any additional restrictions or regulations agreed to by Developer
in writing.
Agreement means this Consent and Development Agreement among the
Parties.
Bonds means bonds, notes, or other obligations or indebtedness issued or
incurred by the District under the District's borrowing power.
City means the City of Round Rock, Texas, a home -rule city located in
Williamson County, Texas.
City Objection is defined in Sections 02(b).
City Manager means the City Manager of the City.
(W0881151.14)
{Wo881151.141 2
Commission or TCEO means the Texas Commission on Environmental
Quality or its successor agency.
Concept Plan means the concept plan for the Land attached as Exhibit B,
as amended from time to time in accordance with this Agreement.
CounIX means Williamson County, Texas.
Developer means the Owner, or any successor or permitted assign of the
Owner, that notifies the City of its intent to develop all or any portion of the Land
under Section 9.og below.
District means Round Rock Municipal Utility District No. 2, a political
subdivision of the State of Texas to be created over the Land, with the consent of
the City, as provided in this Agreement.
District Improvements means the water, wastewater, and drainage utilities
(including capacity or contract rights to capacity therein), roads and improvements
in aid of roads, park and recreational facilities, and other public improvements, as
authorized by the Texas Constitution and Texas Water Code, to serve the area
within the District boundaries.
Effective Date of this Agreement means the Stn day of May, 2019.
Land means approximately 174.21 acres of land located in the City limits, as
described by metes and bounds on Exhibit A.
Owner means, collectively, Cressman Enterprises, LP; Kathryn A.
Cressman; and the Estate of Marvin R. Cressman, a/k/a Marvin Richard
Cressman, Deceased, or their successors and assigns under this Agreement.
Reimbursable Costs means all costs of the District Improvements (including
land and easements costs) that are eligible for reimbursement from the net
proceeds of Bonds issued in accordance with this Agreement and, as applicable,
the rules and regulations of the TCEQ, as amended.
Road Projects means any road projects or improvements in aid of such road
projects that the District is authorized to undertake pursuant to Article III,
Section 52 and Article XVI, Section 59 of the Texas Constitution, as amended, and
Chapters 49 and 54, Texas Water Code, as amended, or otherwise pursuant to any
authority granted to the District by special act of the Texas Legislature.
ARTICLE II
CREATION OF DISTRICT AND EXECUTION OF AGREEMENTS
Section 2.01. Consent to Creation of District. The City acknowledges
receipt of the Owner's request, in accordance with Section 54.016, Texas Water Code, and
Section 42.042, Texas Local Government Code, for creation of the District over the Land.
On the Effective Date of this Agreement, the City has approved the resolution attached as
(W0881151.14)
{Wo881151.141 3
Exhibit C consenting to the inclusion of the Land within the District (the "Consent
Resolution'). The City agrees that the Consent Resolution will constitute and evidence
the City's consent to the creation of the District within the City's corporate limits in
accordance with Section 54.oi6, Texas Water Code, and Section 42.042, Texas Local
Government Code, and that no further consent will be required on the part of the City to
evidence the City's consent to the creation of the District.
Section 2.02. District Execution of Agreement. The Owner shall cause
the District to approve, execute, and deliver to the City this Agreement within thirty (30)
days after the date the District's Board of Directors holds its organizational meeting. If
the District fails to do so within such 3o -day period, then (after notice and opportunity to
cure) the City may terminate this Agreement and may repeal the Consent Resolution.
Section 2.0�. District Bonds. If the District fails to approve, execute, and
deliver this Agreement to the City as required by Section 2.02, and if the City does not
terminate this Agreement, such failure shall operate to prohibit the District from taking
any actions to issue Bonds until the failure has been cured. The City shall have the right
to enjoin the issuance of Bonds during any period in which such a material breach exists.
Section 2.04. Reimbursement Agreements. If the District fails to
approve, execute, and deliver this Agreement to the City as required by Section 2.02, and
if the City has not terminated this Agreement, such failure shall operate to prohibit the
Owner or any Developer of the Land from entering into any reimbursement agreements
with the District until the failure has been cured. The City shall have the right to enjoin
the execution of such reimbursement agreements during any period in which such a
material breach exists.
Section 2.05. Intent of Parties Related to Allocation Agreement.
Under Section 54.oi6(f), Texas Water Code, the City, as a City providing written consent
for inclusion of land in a district, may provide for a contract designated as an "allocation
agreement", to be entered into between the City and the District. The Parties acknowledge
that the provision for an "allocation agreement" under Section 54.oi6(f) is at the City's
discretion. The City confirms that it is intentionally not providing for an allocation
agreement. The Parties agree that this Agreement does not constitute and will not be
deemed to constitute an allocation agreement within the meaning of Section 54.o16(f).
ARTICLE III
WATER AND WASTEWATER SERVICE
Section g.oi. City Retail Water and Wastewater Service. Retail
water supply and wastewater collection and treatment services will be provided by the
City. The water distribution and wastewater collection systems within the District shall
be owned by the City. The City will provide water and wastewater service to customers
within the District in the same manner and on the same terms and conditions as the City
provides service to other retail customers inside its corporate limits. The City's standard
water and wastewater rates, charges, and other fees, including engineering review and
inspection fees, that are applicable to other areas within the City's corporate limits will be
applicable to facilities constructed, connections made, and services provided within the
District. The City agrees and commits to provide water and wastewater service sufficient
(W0881151.14)
{Wo881151.141 4
for the full build -out of the District at flow rates and pressures (including fire flows)
sufficient to meet the minimum requirements of the Applicable Regulations, and agrees
to provide written confirmation of the availability of service upon the District's request if
required in connection with any District Bond sale.
ARTICLE IV
ROADWAY IMPROVEMENTS
Section 4.01. Right of Way Dedications. The City has previously
acquired right-of-way through the Land for the extension of Kenny Fort Boulevard but
desires to realign Kenny Fort Boulevard as generally depicted on Exhibit D. The Owner
will convey by warranty deed, at no cost to the City, l00% of the right-of-way required for
such realignment within the Land, but reserves the right to seek reimbursement for such
right-of-way from the District in accordance with this Agreement. The Parties
acknowledge that the final location of the roadways within the Land may be subject to
minor changes from those shown on the Concept Plan based on the final right-of-way
alignment of Kenny Fort Boulevard.
Section 4.02. Road Construction. The City agrees that it will be
responsible for the design of Kenny Fort Boulevard and paying the cost for same. The
Owner agrees that it will contribute to the cost of extending Kenny Fort Boulevard
through the Land up to a maximum of $1,775,794 (the "Road Contribution Can") either
(a) by constructing a portion of such extension (such portion to be determined in
connection with approval of the preliminary plan for the Land) in accordance with the
City -approved design, in which event the City will be responsible for any costs in excess
of the Road Contribution Cap; or (b) by paying the City's applicable road/traffic impact
fees for development within the Land in accordance with the Applicable Rules up to the
Road Contribution Cap. The Owner reserves the right to seek reimbursement for such
costs from the District. For the avoidance of doubt, (i) if the Owner elects to construct a
portion of Kenny Fort Boulevard pursuant to clause (a) above, no road/traffic impact fees
will be payable with respect to the Land; and (ii) if the Owner elects to pay the City's
applicable road/traffic impact fees for development within the Land pursuant to clause
(b) above, the Owner will not be required to construct any portion of Kenny Fort
Boulevard. Whether the Owner elects either (a) or (b) above, the Owner shall not be
obligated to obtain a Traffic Impact Analysis.
ARTICLE V
PARK AND RECREATIONAL AMENITIES
Section 5.oi. Parkland. The Owner agrees that the park and open space
land depicted in green on Exhibit D (the "Park Land") will be conveyed to the City,
subject to the right to seek reimbursement for costs of the Park Land from the District in
accordance with this Agreement. The City agrees that conveyance of the Park Land to the
City will constitute full satisfaction of the City's parkland dedication requirements for the
Land. Any trails within the Park Land will be constructed in accordance with the City's
standards under the Applicable Rules and shall be open to the public. The City will accept
the conveyance of the Park Land, including any trails thereon, and will operate and
maintain the Park Land as part of the City's park system.
{W0881151.14}
{Wo881151.141 5
ARTICLE VI
DESIGN, FINANCING, CONSTRUCTION, CONVEYANCE,
OWNERSHIP, OPERATION, AND MAINTENANCE OF DISTRICT
IMPROVEMENTS
Section 6.oi. Design, Financing, and Construction. Unless otherwise
specifically provided in this Agreement, the Developer will design, finance, construct, and
convey to the City on behalf of the District all District Improvements at no cost to the City.
All construction will be bid in accordance with the requirements applicable to the District
under the rules of the TCEQ and Chapters 49 and 54, Texas Water Code. All District
Improvements will be designed and constructed in accordance with the Applicable Rules
and the regulations of any other governmental entities with jurisdiction and pursuant to
plans and specifications approved by the City. Unless the Developer's service
requirements for the Land change or the Parties otherwise agree, the City will not require
that the Developer or the District oversize, finance, or construct any utility, park, or road
improvements to serve property other than the Land.
Section 6.02. Conveyance, Ownership Operation and
Maintenance. Upon completion of construction of each phase of the District
Improvements: (i) the City will accept such improvements for operation and
maintenance in accordance with the Applicable Rules; and (b) the Developer will
promptly convey those facilities to the City, subject to (i) the City's obligation to provide
service to the District as provided in this Agreement, (ii) a reservation of all capacity in
those facilities for the benefit of the District, and (iii) the Developer's right, if any, to
reimbursement from the District for the cost of those improvements in accordance with
the rules of the Commission. The Developer will also assign all contract rights,
warranties, guarantees, assurances of performance, and bonds related to the facilities
conveyed to the City. The City agrees that its acceptance of facilities and the related
assignments will not be unreasonably withheld, conditioned, or delayed. Upon any such
conveyance and acceptance, the City agrees to operate and maintain such improvements
in good condition and working order and to provide service to the District in accordance
with this Agreement. Conveyance will not affect the Developer's right to reimbursement
from the District for the cost of any facilities. Nothing herein will prevent the City from
using District Improvements to serve customers outside of the District provided that there
is sufficient capacity reserved to serve the residents and property owners within the
District as and when required by development within the Land.
ARTICLE VII
AUTHORITY TO ISSUE BONDS
Section 7.oi. Authority to Issue Bonds. The District may issue Bonds only
as permitted by this Agreement. The District may reimburse a Developer for expenditures
authorized by Commission rules and regulations and this Agreement; however, the
purposes for which the District may issue Bonds are restricted to:
(a) The purchase, construction, acquisition, repair, extension, and
improvement of land, easements, works, improvements, facilities, plants, equipment, and
appliances (including capacity or contract rights to capacity in any of the foregoing)
(W0881151.14)
{Wo881151.14} 6
necessary to:
(1) Provide a water supply for municipal uses, domestic uses, and
commercial purposes;
(2) Collect, transport, process, dispose of, and control all domestic,
industrial, or communal wastes whether in fluid, solid, or composite state (other
than solid waste, as defined in the Applicable Rules);
(3) Gather, conduct, divert, and control local storm water or other local
harmful excesses of water;
(4) Design, acquire, construct, and finance Road Projects; and
(5) Develop and maintain park and recreational facilities, subject to the
applicable limitations of Section 49.461-49.466, Texas Water Code, or as permitted
under Section 54.201, Texas Water Code;
(b) Refunding any outstanding Bonds, provided such refunding Bonds satisfy
the terms and conditions of this Agreement;
(c) Paying organizational, administrative, and operating costs during creation
and construction periods and interest thereon, subject to the applicable limitations of
Section 49.155, Texas Water Code; and
(d) Paying other expenses authorized by Section 49.155, Texas Water Code.
Section 7.02. City Submittals; Objections.
(a) The District agrees to give written notice to the City of its intention to issue
Bonds as follows:
(1) If the District intends to issue Bonds that require TCEQ approval, the
District will provide notice of same to the City Manager and City Attorney
concurrently with the District's submittal of each application to the TCEQ for
approval of issuance of Bonds, which notice shall include:
A. A copy of the District's application to the TCEQ, including the
amount of Bonds proposed for issuance, a general description of the
projects to be funded by the Bonds, the engineering report, the projected
debt service schedule, the projected District debt service tax rate after the
closing date of the Bonds, and the projected final maturity date of the
Bonds;
B. Written certification by the District's financial advisor that the
Bonds, when issued, will meet the existing economic feasibility guidelines
established by TCEQ for districts issuing bonds in Williamson County; and
C. Written certification by the District that the District is in
compliance in all material respects with the terms and conditions of this
(W0881151.14)
{Wo881151.141 7
Agreement.
(2) If the District intends to issue Bonds that do not require TCEQ
approval (e.g., Bonds for Road Projects or refunding Bonds), the District will
provide notice of same to the City Manager and City Attorney at least thirty (30)
days prior to pricing of the Bonds, which notice shall include:
A. The amount of Bonds proposed for issuance, a general
description of the projects to be funded by the Bonds or Bonds to be
refunded by such Bonds, the engineering report (if applicable), the
projected debt service schedule, the projected District debt service tax rate
after the closing date of the Bonds, and the projected final maturity date of
the Bonds.
B. Written certification by the District's financial advisor that the
Bonds, when issued, will meet the existing economic feasibility guidelines
established by TCEQ for districts issuing bonds in Williamson County; and
C. Written certification by the District that the District is in
compliance in all material respects with the terms and conditions of this
Agreement.
(3) Within five (5) days after pricing of any Bonds and no less than
fourteen (14) days before the closing date of such Bonds, the District shall provide
the City with the following information:
A. If TCEQ approval is required, a copy of the TCEQ order
approving the Bonds;
B. A description of the District Improvements to be funded by
the Bonds, if applicable;
C. The amount of Bonds being proposed for issuance;
D. A debt service schedule for the Bonds;
E. The proposed District debt service tax rate after the closing
date of the Bonds;
F. A savings schedule for any refunding Bonds; and
G. Written certification by the District that the District is in
compliance in all material respects with the conditions set forth in this
Agreement, including without limitation the information necessary to
evidence compliance with the requirements of Section 7.04.
(b) The City may object to a Bond application or to the issuance of a series of
Bonds for the reason that a Developer or the District is in default of any provision of this
Agreement. If the City objects to a Bond application or issuance due to such a default (a
"City Objection"), the City shall have a period of thirty (30) days after receiving the
(W0881151.14)
{Wo881151.141 8
information required by Sections 7.02(a)(i) or 7-02(a)(2), as applicable, and a period of
ten (10) days after receiving the information required by Section 7.02(a)(�) within which
to notify the District of the City Objection. If the City timely objects to a Bond application
or issuance due to such a default, the Bond application and issuance will be delayed until
such time as the default is cured. If the City fails to object to a Bond application or
issuance within such periods specified herein, the City shall be deemed to have waived all
objections. If the City objects to a Bond application or issuance, such City Objection must:
(a) be in writing; (b) be given to the District; (c) be signed by the City Manager or the City
Manager's designee; and (d) specifically identify the applicable provision of the Consent
Ordinance or this Agreement as to which the District or the Developer is in default. If a
City Objection is timely given to the District with respect to a specific Bond application or
issuance of Bonds, the City and the District shall cooperate to resolve the City Objection
within a reasonable time, and the Bond application or issuance of Bonds to which the City
Objection applies shall be delayed until the City Objection has been cured or waived by
written agreement.
(c) Within thirty (30) days after the closing date of a series of Bonds, the
District shall deliver to the City Manager a copy of the final official statement for such
series of Bonds and a copy of any report on reimbursable costs required by the rules of
the TCEQ. The District shall send a copy of any material event notices filed under
applicable federal securities laws or regulations to the City Manager within thirty (30)
days after filing such notices with the applicable federal agency. If the City requests any
additional information regarding any issue of District Bonds, the District will promptly
provide any such information to the City.
Section 7.oa. Bond Limit Amount. The total amount of Bonds issued by
the District, excluding refunding Bonds, shall not exceed $14,100,000 unless approved
by the City.
Section 7.o4. Terms and Conditions of Bonds.
(a) Bonds, including refunding Bonds, issued by the District shall, unless
otherwise agreed to by the City, comply with the following requirements:
(1) No individual series of Bonds will be issued with a term which
exceeds 25 years from the closing date of such series of Bonds;
(2) The Bonds (other than refunding Bonds and Bonds sold to a federal
or state agency) shall only be sold after the taking of public bids therefor (unless
current law changes to permit otherwise), and no Bonds shall be sold for less than
ninety-seven percent (97%) of par, provided that the net effective interest rate on
Bonds so sold, taking into account any discount or premium as well as the interest
rate borne by such Bonds, shall not exceed 2% above the highest average interest
rate reported by the Daily Bond Buyer in its weekly "2o Bond Index" during the
3o -day period next preceding the date notice of the sale of the Bonds is given (or,
if the Daily Bond Buyer ceases to exist, a comparable publication reporting average
bond interest rates);
(W088115 L 14)
{Wo881151.14} 9
(4) The District shall reserve the right to redeem its Bonds not later than
the tenth (loth) anniversary of the closing date of such Bonds, without premium;
(5) No variable rate Bonds shall be issued by the District;
(6) No Bonds (other than refunding Bonds) shall be issued by the
District subsequent to the fifteenth (15th) anniversary of the Effective Date of this
Agreement;
(7) Any refunding Bonds must provide for a minimum of three percent
(3%) present value savings and, further, must provide that the latest maturity of
the refunding Bonds may not extend beyond the latest maturity of the refunded
Bonds; and
(8) Capitalized interest shall not exceed three years interest.
Section 7.05. Notification for Bond Reviews. The District agrees to
include, in each application to the TCEQ for the approval of the issuance of Bonds, the
terms and conditions of ARTICLE VII of this Agreement. The Owner and the District
each agree that no Developer will be permitted to request reimbursement or authorization
to reimburse any costs or expenses not authorized by this Agreement.
Section 7.o6. Limit of CLV's Liability. Unless the City dissolves the
District and assumes the assets and liabilities of the District under ARTICLE VIII below,
the Bonds or any other obligations of the District shall never become an obligation of the
City. The City's obligations under this Agreement shall not extend beyond its express
agreements hereunder, including the obligations to operate and maintain the District
Improvements after conveyance to the City and to use the District Improvements to serve
the Land.
ARTICLE VIII
DISSOLUTION OF DISTRICT
Section 8.oi. Dissolution. The City may dissolve the District at any time
after the District has issued Bonds to finance all Reimbursable Costs paid or incurred to
construct the District Improvements that are required to serve full development of the
Land. Upon dissolution of the District, the City shall assume the indebtedness and legal
obligations of the District to the extent required by law.
ARTICLE IX
CONCEPT PLAN AND DEVELOPMENT MATTERS
Section 9.oi. Phased Development. Because it is anticipated that the
Land will be developed in phases, portions of the Land not under active development may
remain in use as agricultural lands or as open space land.
Section 9.02. Concept Plan. The City hereby confirms: (i) its approval of
the Concept Plan, and (ii) that the Concept Plan complies with the City's General Plan, as
amended. The City approves the land uses, densities, exceptions, roadway alignments
tW0881151.141
{Wo881151.14} 10
and widths, and other matters shown on the Concept Plan, and confirms that the Concept
Plan has been approved by all required City departments, boards, and commissions.
Section o . "Developer" Status. If and as the Owner, or any successor
or permitted assignee of the Owner, initiates development of all or any portion of the
Land, the Owner, or the applicable successor or permitted assignee of the Owner, will
notify the City in writing of such election (which notice must also describe the portion of
the Land to be developed), at which time the Owner, or the applicable successor or
permitted assignee of the Owner, will become (and will be deemed to have assumed the
obligations of) a "Developer" under this Agreement as to the portion of the Land described
in the notice.
Sectiong.04. Uniform and Continued Development: Vesting. The
Parties intend that this Agreement authorize certain land uses and development on the
Land; provide for the uniform review and approval of plats and development plans for the
Land; provide exceptions to certain ordinances; and provide other terms and
consideration. Accordingly, the Land will be developed and the infrastructure required
for the Land will be designed and constructed in accordance with the Applicable Rules,
the Concept Plan, and this Agreement. Subject to the terms and conditions of this
Agreement, the City confirms and agrees that the Owner and any Developer hereunder
has vested authority to develop the Land in accordance with the Applicable Rules.
Ordinances, rules, or regulations, or changes or modifications to the City's ordinances,
rules, and regulations, adopted after the Effective Date of this Agreement will only be
applicable to the extent permitted by Chapter 245, Texas Local Government Code. If there
is any conflict between the Applicable Rules and the terms of this Agreement, the terms
of this Agreement will control.
Sectiong.o5. Term of Approvals. Except as provided below, the Concept
Plan will be effective for the term of this Agreement. Any preliminary subdivision plat or
final subdivision plat that is consistent with the Concept Plan, the Applicable Rules, and
State law will be effective for the term of this Agreement. The Concept Plan will be
deemed to have expired if no final plat of the Land is recorded for a period of five (5) years
after the Effective Date of this Agreement or five (5) years expires after the recordation of
the last final plat.
Section9.o6. Amendments to Concept Plan. Due to the fact that the
Land comprises a significant land area and its development will occur in phases over a
number of years, modifications to the Concept Plan may become desirable due to changes
in market conditions or other factors. Variations of a preliminary plat or final plat from
the Concept Plan that do not increase the overall density of development of the Land will
not require an amendment to the Concept Plan. Minor changes to the Concept Plan,
including minor modifications of street alignments; minor changes in lot lines; the
designation of land for public or governmental uses; changes in lot sizes that do not result
in an increase in the overall density of development of the Land (including any increase
in lot sizes resulting in a decrease in the total number of lots); or any change to a public
use, including, but not limited to school use, will not require an amendment to the
Concept Plan or City approval. Major changes to the Concept Plan must be consistent
(W0881151.14)
{Wo881151.141 11
with the terms of this Agreement and will be subject to review and approval by the City,
which will not be unreasonably withheld.
Section Q.02. Director Lots. The conveyance, from time to time, by metes
and bounds or otherwise of any portion of the Land to any person for the purpose of
qualifying such person to be a member of the Board of Directors of the District will not be
considered a subdivision of land requiring a plat or otherwise requiring the approval of
the City.
Section o.08. Other Utilities. The City will provide solid waste and
recycling services within the District for the same rates, in the same manner, on the same
terms and conditions, and subject to the same regulations and ordinances, as amended,
that the City provides solid waste and recycling services to other customers inside its
corporate limits. The District will have no liability for charges for such services except for
charges for services provided to the District, if any. The Developer will have the right to
select the providers of cable television, gas, telephone, telecommunications, and all other
utilities and services, or to provide "bundled" utilities within the Land.
Section o.00 . Manufactured Home for District Elections. One (1)
HUD -certified manufactured home may be located within the Land solely for the purpose
of providing qualified voters within the District for the District's confirmation, director,
and bond elections. The manufactured home permitted by this Agreement will not
require any permit or other approval by the City and will be promptly removed when no
longer needed.
Section c).10. Impact Fees. Any impact fees payable to the City with
respect to the Land will be paid by or on behalf of the Developer to the City in accordance
with the Applicable Rules; and, in consideration of the payment of impact fees, the
Developer will acquire, on behalf of the District, the guaranteed right to receive service
from the City's water, wastewater, and/or roadway systems, as applicable, for the living
unit equivalents of service for which impact fees have been paid.
ARTICLE X
AUTHORITY
Section io.oi. Authority. This Agreement is entered into, in part, under
the statutory authority of Section 552.014, Texas Local Government Code, which
authorizes the City to enter into a written contract with a water district created under
Article XVI, Section 59 of the Texas Constitution under which the district will acquire for
the benefit of and convey to the City one or more projects.
ARTICLE XI
TERM, ASSIGNMENT, AND REMEDIES
Section ii.oi. Term. The term of this Agreement shall commence on the
Effective Date and (unless terminated pursuant to ARTICLE II) shall continue until the
District is dissolved in accordance with ARTICLE VIII.
{W0881151.14}
{W0881151.141 12
Section 11.02. Termination and Amendment by Agreement. This
Agreement may be terminated or amended as to all of the Land at any time by mutual
written consent of the City, the Owner, and, following creation of the District, the District;
may be terminated or amended only as to a portion of the Land at any time by the mutual
written consent of the City, the Owner of the portion of the Land affected by the
amendment or termination and, following creation of the District, the District; and, after
full -build out of the Land, may be terminated or amended at any time by the mutual
written consent of the City and the District.
Section 11.08. Assignment.
(a) This Agreement, and the rights of the Owner hereunder, may be assigned
by the Owner, with the City's consent, as to all or any portion of the Land. Any assignment
will be in writing, specifically set forth the assigned rights and obligations, be executed by
the proposed assignee, and be delivered to the City. The City's consent to any proposed
assignment will not be unreasonably withheld or delayed. The City hereby expressly
consents to and approves the assignment of this Agreement to Meritage Homes of Texas,
LLC and agrees that no further consent to such an assignment will be necessary; however,
a copy of such assignment must be delivered to the City.
(b) If the Owner assigns its rights and obligations hereunder as to a portion of
the Land, then the rights and obligations of any assignee and the Owner will be severable,
and the Owner will not be liable for the nonperformance of the assignee and vice versa.
In the case of nonperformance by one Developer, the City may pursue all remedies against
that nonperforming Developer(s), but will not impede development activities of any
performing Developer as a result of that nonperformance.
(c) This Agreement is not intended to be binding upon, or create any
encumbrance to title as to, any ultimate consumer who purchases a fully developed and
improved lot within the Land.
Section 11.04. Remedies.
(a) If the City defaults under this Agreement, the Owner or the District may give
notice setting forth the event of default ("Notice") to the City. If the City fails to cure any
default that can be cured by the payment of money ("Monetary Default") within 45 days
from the date the City receives the Notice, or fails to commence the cure of any default
specified in the Notice that is not a Monetary Default within 45 days of the date of the
Notice, and thereafter to diligently pursue such cure to completion, the Owner or the
District may enforce this Agreement by a writ of mandamus from a Williamson County
District Court or terminate this Agreement; however, any such remedy will not revoke the
City's consent to the creation of the District.
(b) If the Owner defaults under this Agreement, the City or the District may give
Notice to the Owner. If the Owner fails to cure any Monetary Default within 45 days from
the date it receives the Notice, or fails to commence the cure of any default specified in
the Notice that is not a Monetary Default within 45 days of the date of the Notice, and
thereafter to diligently pursue such cure to completion, the City or the District may
enforce this Agreement by injunctive relief from a Williamson County District Court or
(W0881151.14)
{Wo881151.141 13
terminate this Agreement; however, except as permitted by Section 2.02, any such
remedy will not revoke the City's consent to the creation of the District.
(c) If the District defaults under this Agreement, the City or the Owner may give
Notice to the District. If the District fails to cure any Monetary Default within 45 days
from the date it receives the Notice, or fails to commence the cure of any default specified
in the Notice that is not a Monetary Default within 45 days of the date of the Notice, and
thereafter to diligently pursue such cure to completion, the City or the Owner may enforce
this Agreement by a writ of mandamus from a Williamson County District Court or
terminate this Agreement; however, any such remedy will not revoke the City's consent
to the creation of the District.
(d) If any Parry defaults, the prevailing Party in the dispute will be entitled to
recover its reasonable attorney's fees, expenses, and court costs from the non -prevailing
Party.
Section 11.ori. Cooperation.
(a) The Parties each agree to execute such further documents or instruments as
may be necessary to evidence their agreements hereunder.
(b) The City agrees to cooperate with the Developer(s) in connection with any
waivers or approvals that the Developer(s) may desire from Williamson County in order
to avoid the duplication of facilities or services in connection with the development of the
Land.
(c) In the event of any third -parry lawsuit or other claim relating to the validity
of this Agreement or any actions taken hereunder, the Parties agree to cooperate in the
defense of such suit or claim, and to use their respective best efforts to resolve the suit or
claim without diminution in their respective rights and obligations under this Agreement.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section 12.01. Notice. Any notice given under this Agreement must be in
writing and may be given: (i) by depositing it in the United States mail, certified, with
return receipt requested, addressed to the Parry to be notified and with all charges
prepaid; or (ii) by depositing it with Federal Express or another service guaranteeing
"next day delivery", addressed to the Party to be notified and with all charges prepaid; or
(iii) by personally delivering it to the Party, or any agent of the Party listed in this
Agreement. Notice by United States mail will be effective on the earlier of the date of
receipt or three (3) days after the date of mailing. Notice given in any other manner will
be effective only when received. For purposed of notice, the addresses of the Parties will,
until changed as provided below, be as follows:
CITY: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attn: City Manager
,W0881151.14)
{Wo881151.141 14
With Required Copy to: Stephan L. Sheets
Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664-5264
OWNER: c/o Scott Cressman
3232 Trexler Road
Texarkana, Texas 75501
With Required Copy to:
And Required Copy to: Meritage Homes of Texas, LLC
892o Business Park Drive, Suite 350
Austin, Texas 78759
Attn: Elliot Jones
DISTRICT: John W. Bartram
Armbrust & Brown, PLLC
loo Congress Avenue, Suite 1300
Austin, Texas 78701
The Parties may change their respective addresses to any other address within the United
States of America by giving at least five days' written notice to the other party. The Owner
may, by giving at least five days' written notice to the City, designate additional Parties to
receive copies of notices under this Agreement.
Section 12.02. Severability. If any provision of this Agreement is illegal,
invalid, or unenforceable, under present or future laws, it is the intention of the parties
that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid,
or unenforceable provision, that a provision be added to this Agreement which is legal,
valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable
provision as is possible.
Section 12.0.q. Waiver. Any failure by a Party to insist upon strict
performance by the other party of any material provision of this Agreement will not be
deemed a waiver thereof or of any other provision, and such Party may at any time
thereafter insist upon strict performance of any and all of the provisions of this
Agreement.
Section 12.04.. Applicable Law and Venue. The interpretation,
performance, enforcement, and validity of this Agreement is governed by the laws of the
State of Texas. Venue will be in a court of appropriate jurisdiction in Williamson County,
Texas.
Section 12.0.5. Entire Agreement. This Agreement contains the entire
agreement of the Parties. There are no other agreements or promises, oral or written,
(W0881151.14)
{Wo881151.14} 15
between the Parties regarding the subject matter of this Agreement. This Agreement
supersedes all other agreements between the Parties concerning the subject matter.
Section 12.06. Exhibits, Headings, Construction, and Counterparts.
All schedules and exhibits referred to in or attached to this Agreement are incorporated
into and made a part of this Agreement for all purposes. The paragraph headings
contained in this Agreement are for convenience only and do not enlarge or limit the scope
or meaning of the paragraphs. Wherever appropriate, words of the masculine gender may
include the feminine or neuter, and the singular may include the plural, and vice -versa.
The Parties acknowledge that each of them has been actively and equally involved in the
negotiation of this Agreement. Accordingly, the rule of construction that any ambiguities
are to be resolved against the drafting party will not be employed in interpreting this
Agreement or any exhibits hereto. This Agreement may be executed in any number of
counterparts, each of which will be deemed to be an original, and all of which will together
constitute the same instrument. This Agreement will become effective (as of the Effective
Date of this Agreement) only when one or more counterparts, individually or taken
together, bear the signatures of all of the Parties.
Section 12.07. Time. Time is of the essence of this Agreement. In
computing the number of days for purposes of this Agreement, all days will be counted,
including Saturdays, Sundays, and legal holidays; however, if the final day of any time
period falls on a Saturday, Sunday, or legal holiday, then the final day will be deemed to
be the next day that is not a Saturday, Sunday, or legal holiday.
Section 12.08. Authority for Execution. The City certifies, represents,
and warrants that the execution of this Agreement has been duly authorized and adopted
in conformity with its City Charter and City ordinances. The Owner hereby certifies,
represents, and warrants that the execution of this Agreement has been duly authorized
and adopted in conformity with the constituent documents of each person or entity
executing on behalf of the Owner.
Section 12.09 Force Majeure. If, by reason of force majeure, any Party is
rendered unable, in whole or in part, to carry out its obligations under this Agreement,
the Party whose performance is so affected must give notice and the full particulars of
such force majeure to the other Parties within a reasonable time after the occurrence of
the event or cause relied upon, and the obligation of the Party giving such notice, will, to
the extent it is affected by such force majeure, be suspended during the continuance of
the inability but for no longer period. The Party claiming force majeure must endeavor
to remove or overcome such inability with all reasonable dispatch. The term " orce
majeure" means Acts of God, strikes, lockouts, or other industrial disturbances, acts of
the public enemy, orders of any kind of the government of the United States or the State
of Texas, or of any court or agency of competent jurisdiction or any civil or military
authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and
people, civil disturbances, vandalism, explosions, breakage or accidents to machinery,
pipelines or canals, or inability on the part of a Party to perform due to any other causes
not reasonably within the control of the Party claiming such inability.
(W0881151.14)
{Wo881151.141 16
Section 12.10. Interpretation. As used in this Agreement, the term
"including" means "including without limitation" and the term "days" means calendar
days, not business days. Wherever required by the context, the singular shall include the
plural, and the plural shall include the singular. Each defined term herein may be used
in its singular or plural form whether or not so defined.
Section 12.11. No Third -Party Beneficiary. This Agreement is solely for
the benefit of the Parties, and neither the City, the District, nor the Owner intends by any
provision of this Agreement to create any rights in any third -party beneficiaries or to
confer any benefit upon or enforceable rights under this Agreement or otherwise upon
anyone other than the City, the District, and the Owner (and any permitted assignee of
the Owner).
Section 12.12. Exhibits. The following exhibits are attached to this
Agreement, and made a part hereof for all purposes:
Exhibit A - Metes and Bounds Description of the Land
Exhibit B - Concept Plan
Exhibit C - City Consent Resolution
Exhibit D - Depiction of Kenny Fort Boulevard Realignment and Park
Land
IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement
on the dates indicated below to be effective as of the Effective Date of this Agreement.
(Signatures on the following pages.)
(W0881151.14)
{Wo881151.141 17
COUNTERPART SIGNATURE PAGE TO
CONSENT AND DEVELOPMENT AGREEMENT
CITY OF ROUND ROCK
By: , M /
Craig orga ayor
Date: rJ ' N t • 161
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on /� -- , 2o1q, by
Craig Morgan, Mayor of the City of Round Rock, aChome-rule city
lonn behalf of said City.
Notary Public Signature
(Seal) �\ ;�a��PRY PVell.
_ z
'• 9rE 0 F S�+P
roi�REsiniil�
11-2411- ("q
{Wo881151.14} 18
COUNTERPART SIGNATURE PAGE TO
CONSENT AND DEVELOPMENT AGREEMENT
OWNER:
CRESSMAN ENTERPRISES, LP, a Texas
limited partnership
By: Cressman Enterprises GP, LLC, a Texas
limited liabilitx company, its General
Partner /
By: t
Scott Cressman, Managing
Memb
Date: �- f
:KA:TH A. CRES MAN
Scott M. Cressman, Agent
Date:rne
(Attoy-in- ac )
f L
ESTATE OF MARVIN R. CRESSMAN,
A/K/A MARVIN RIC CRESSMAN,
DEC D
"�o L&I - -- &/4-�
Scott Mark Cressman, Independent
Executor of the Estate of Marvin R.
Cressman, a/k/a Marvin Richard
Cressman, ellceased
Date: L/% 1
[Notary Acknowledgments for Developer on Following Page]
{wo881151.14} 19
THE STATE OF TEXAS §
COUNTY OF �Q WC §
This instrument was acknowledged before me on the %day of, 2019,
by Scott Cressman, Managing Member of Cressman Enterprises GP, LLC, a Texas limited
liability company, General Partner of Cressman Enterprises, LP, a Texas limited
partnership, on behalf of said limited liability company and limited partnership.
(SEAL)11lilt ,, KASEY REDWARDS -
- Q q-�)"
NOTARY PUBLIC - STATE OF TEXAS Notary Pu lic Signature
ID Y 13121536-2
My Commission Expires 07.20-2021
nunm�P��°
THE STATE OF TEXAS §
COUNTY OF 60 WO,, §
This instrument was acknowledged before me on the 9) day of , 2019,
by Scott M. Cressman, Agent (Attorney -in -Fact) of Kathryn A. Cressman, on"behalf of
Kathryn A. Cressman. Q
�if fill ,, KASEY R EDWARDS
(SEAL) NOTARY PUBLIC STATE OF TEXAS Notary Pub lc Signature
ID P 13121536.2
lit My
€ My commission Expires 07-20-2021
THE STATE OF TEXAS
COUNTY OFaQwisL
This instrument was acknowledged before me on the -o da of
Y 2019,
by Scott Mark Cressman, Independent Executor of the Estate of Marvin R. 6essman,
a/k/a Marvin Richard Cressman, Deceased, on behalf of the Estate of Marvin R.
Cressman, a/k/a Marvin Richard Cressman, Deceased.
te""�o,, KASEY R EDWARDS
(SEAL) _'_ NOTARY PUBLIC - STATE OF j Notary Pub is Signature
ID l 13121536-2
�imNmn My Commission Expires 07 20
(W0881151.14) 20
COUNTERPART SIGNATURE PAGE TO
CONSENT AND DEVELOPMENT AGREEMENT
ROUND ROCK MUNICIPAL UTILITY
DISTRICT NO. 2
Date:
THE STATE OF TEXAS §
COUNTY OF WILLLAMSON §
, President
Board of Directors
This instrument was acknowledged before me on , 201g, by
, President of the Board of Directors of Round Rock Municipal Utility
District No. 2, on behalf of said District.
(SEAL) Notary Public Signature
{Wo881151.14} 21
EXHIBIT A
Metes and Bounds Description of the Land
[attached]
{W0881151.14}
{Wo881151.14} 22
ase
�ine Gan�fSurr�eyors, Inc. Page 1. of 12
8000Anderson Squaw 4C, Suite Io1
Austin, T&w 78757
Office: 512.374.9722
firm cR* Mo. 10015100
METES AND BOUNDS DESCRIPTION
BEING 174.21 ACRES OF LAND, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT'
NUMBER 173 AND THE P.A. HOLDER SURVEY, ABSTRACT NUMBER 297, BOTH IN
WILLIAMSON COUNTY, TEXAS AND BEING COMPRISED OF THREE PARCELS:
PARCEL ONE BEING 162.35 ACRES OF LAND AND BEING A PORTION OF 134.62 ACRE
TRACT OF LAND CONVEYED TO CRESSMAN ENTERPRISES, L.P. BY INSTRUMENT OF
RECORD IN DOCUMENT NUMBER 2003063811 OF THE OFFICIAL. PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, THEREIN DESIGNATED AS 'TRACT 3", AND ALSO
BEING A PORTION OF AN 81.41 ACRE TRACT OF LAND CONVEYED TO CRESSMAN
ENTERPRISES L.F. BY SAID INSTRUMENT OF RECORD IN DOCUMENT NUMBER
2003063811 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
THEREIN DESIGNATED AS "TRACT I; PARCEL TWO BEING A 9.77 ACRE TRACT OF
LAND OUT OF SAID 81.41 ACRE TRACT; AND PARCEL THREE BEING 2.09 ACRES OF
LAND CONVEYED TO CRESSMAN ENTERPRISES, L.P. BY SAID INSTRUMENT OF
RECORD IN DOCUMENT NUMBER 2003063811 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, THEREIN DESIGNATED AS "TRACT 2", AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
"PARCEL I" DESCRIPTION (162.35 ACRES)
BEGINNING at a calculated point in the west line of said 134.62 acre tract, being in the east line of
a 33.302 acre tract of land conveyed to the State of Texas by instrument of record in Volume 1970,
Page 51.5 of the Official Records of Williamson County, Texas, known. therein as "Part 7", from
which a 1/2" rebar found in the west line of the 134.62 acre tract and being in the east line of the said
30.302 acre tract, bears North 02'06'14" West a distance of 335.30 feet (record North 02°20'05"
West a distance of 335.30 feet;
THENCE North 80°08'57"East crossing through the 134.62 acre tract a distance of 1313.52 feet to a
calculated point being in the east line of the 134.62 acre tract and the west line of lot 21 in the
Jackie Thomison Subdivision a subdivision of record in Cabinet 1, Slides 94-96, of the Plat
Records of Williamson County, Texas;
THENCE South 12° 11'04" East (record South 09°35'East) along the cast line of the 134.62 acre
tract and the west line of said Jackie Thomison Subdivision, a distance of 763.38 feet (record: 763.08
feet) to a 1/2" rebar found for the southwest corner of Lot 19, Jackie Thomison Subdivision, and
being the northwest corner of Lot 18, Jackie Thomison Subdivision;
THENCE along the east line of the 134.62 acre tract and the west line of the Jackie Thomison
Subdivision the following two (2) courses:
1. South 01°37'09" West a distance of 1736.34 feet (record: South 04°13'l 3" West a distance of
1736.30 feet) to a V2" rebar set with plastic cap, stamped "BASELINE, INC.';
Exhibit "A"
{W0881151.14}
{Wo881151.14} �3
Page 2 of 12
2 . South 01'43'24" West a distance of 159.55 feet (record: South 04°20'29" West a distance of
159.57 feet) to a 1/2" rebar found for the southwest corner of Lot 13, Jackie Thomison
Subdivision, and being in the north line of said 81.41 acre tract;
THENCE North 88°20'50" East (record: South 89°05'30" East), along the north line of the 81.41
acre tract and the south line of the Jackie Thomison Subdivision, passing at a distance of 564.27 feet
(record; 564.63 feet) a 1/2" rebar found for the southeast corner of said Lot 13, Jackie Thomison
Subdivision and the southwest corner of Lot 12, Jackie Thomison Subdivision, and Continuing along
the north line of the 81.41 acre tract and the south line of said Lot 12, Jackie Thomison Subdivision
for a total distance of 1044.14 feet (record: 1043.76 feet) to a 1/2" rebar found for the northeast
corner of the 8.1.41 acre tract, being the southeast corner of Lot 12, Jackie Thomison Subdivision and
also being the southwest corner of a 75.074 acre tract of land conveyed to the City of Round Rock,
Texas by instrument of record in Document Number 2004059074 of the Official Public Records of
Williamson County, Texas, and also being the northwest corner of a 71.110 acre tract of land
conveyed to the City of Round Rock, Texas by instrument of record in Volume 1760, Page 475 of
the Official Records of Williamson County, Texas, and Document Number 1989006727 of the
Official Records of Williamson County, Texas;
THENCE along the east line of the 81.41 acre tract and the west line of said 71.1.10 acre tract the
following four (4) courses:
1. South 00034'09" East a distance of 358.63 feet (record: South 01'59'20" West a distance of
359.79 feet) to a 12" rebar found;
2. South 00°37'36" East a distance of 190.30 feet (record: South 01*58'49" West a distance of
190.30 feet) to a 1/2" rebar set with plastic cap, stamped `BASELINE, INC.';
3. South 00°48'29" East a distance of 162.53 feet (record: South 01 °47'57" West a distance of
162.84 feet) to a 1/2" rehar found;
4. South 00138'14" East a distance of 227.30 feet (record South 01°57'52" West a distance of
227.30 feet to a 1/2" rebar set with plastic cap stamped "BASELINE, INC." for a point of
curvature in the east line of the 81.41 acre tract and the west line of a the 71.110 acre tract;
THENCE crossing through the 81.41 acre tract the following three (3) courses.-
Along
ourses:
Along a tangential curve to the right, having a radius of 1009.86 feet (record: 1009.86 feet),
a length of 1371.47 feet (record: 1371.497feet), a delta angle of 77°48'044" (record:
77°48'44" ), and a chord which bears South 38°15' 10" West a distance of 1268.48 feet
(record: South 38°15'10"West a distance of 1268.52 .feet) to a 1/2" rebar set with plastic cap,
stamped "BASELINE, INC
South 77°09'22" West a distance of 349.55 feet (record. South 77'08'19" West a distance of
349.55 feet) to a 1/2" rebar set with plastic cap, stamped "BASELINE, INC." for a point of
curvature;
Along a tangential curve to the lett, having a radius of 955.00 feet (record: 955.00 feet), a
length of 430.81 feet (record: 430.81 feet), a delta angle of 25°50'47" (record: 26050'19" ),
and a chord which bears South 04* 13'54" West a distance of 427.16 feet (record: South
64"1Yl 0" West a distance of 427.03 feet) to a 1/2" rebar set with plastic carp, stamped
".BASELINE, INC."
Exhibit "A"
(W0881151.14)
{Wo881151.14} �4
Page 3 of 12
THENCE South 87°40'59" West (record South 89°42'01" West), along the South line of the 81.41
acre tract, a distance of 83.61 feet (record: 84.07 feet) to a 1/2 rebar found for the southwest corner of
the 81.41 acre tract, and being in the east line of Lot 29, Block .E, Legends Village Section 2, Phase
4; a subdivision of record in Document Number 2010074432 of the Official Public Records of
Williamson County, Texas;
THENCE North 09°58'00" East (record: North 12°34'57" East), along the west line of the 81.41
acre tract and the east line of said Blick E, Legends Village Section 2, Phase 4 a distance of 1163.69
feet (record: 1163.76 feet) to a 1/2 rebar found for the northeast corner of Lot 5A, Block E, Legends
Village Section 2, Phase 4;
THENCE continue along the west line of the 81.41 acre tract and the north line of Block E, Legends
Village Section 2, Phase 4 the following two (2) courses:
North 84°21' 16" West a distance of 177.68 feet (record: North 81'44'19" West a distance
of 177.68 feet), to a I/2" rebar set with plastic cap, stamped "BASELINE, INC..";
2. North 88°23'23" West a distance of 479.83 feet (record: North 85°47'31" West a distance
of 480.92 feet) to a 12" rebar found in the north line of Lot 10, Block E, Legends Village
Section 2, Phase 4, and being the southeast corner of Lot 7, Block G, Legends Village
Section 2, Phase 3, a subdivision of record in Document Number 2011038590 of the Official
Public Records of Williamson County, Texas;
THENCE North 00053'17" East (record: North 03°30'41" Fast), continuing along the west line of
the 81.41 acre tract and the cast line of said Block G, Legends Village Section 2, Phase 3, a distance
of 439.27 feet (record: 439.65 feet) to a 1/2" rebar found for the northwest corner of the 8.1.41 acre
tract, being in the south line of the 134.62 acre tract, and also being the northeast corner of Lot 1,
Block G, Legends Village Section 2, Phase 3;
THENCE South 88°57'23" West (record: North 88126157" West), along the south line of the
134.62 acre tract and the north line of Block G, Legends Village Section 2, Phase 3, a distance of
600.49 feet (record: 599.50 feet) to a 12" rebar found for the southwest corner of the 134.62 acre
tract, being the northwest corner of Lot 14, Block G, Legends Village Section 2, Phase 3, and also
being in the cast line of the 33.302 acre tract;
THENCE along the west line of the 134.62 acre tract and the east line of the 33.302 acre tract the
following three (3) courses:
North 17020'44" East a distance of 294.02 feet (record: North 19'55'18" East a distance of
293.75 feet) to a 1/2" rebar found for a point of curvature;
Along a tangential curve to the left, having a radius of 2954.43 feet (record: 2954.43 feet), a
length of 1122.13 feet (record: 1.124.02 feet), a delta angle of 21045'42" and a chord which
bears North 08"10'07" East a distance of 1115.40 feet (record: North 08°33'52" East a
distance of 1117.25 feet) to a 1/2" rehar set with plastic cap, stamped "BASELINE, INC."
for a point of tangency;
3. North 02'06'14" West (record -North 02"20'05" West), passing at a distance of 1031.02
feet a 1%2" iron pipe found, and continuing for a total distance of 1599.06 feet (record:
1599.06) to a 1/2" rebar found for the POINT OF BEGINNING of "PARCEL I",
Exhibit ' A"
(W0881151.14)
{Wo881151.14} �5
Page 4 of 12
This tract contains 162.35 acres of land, more or less, out of the P,A. Holder Survey, Abstract
Number 297 in Williamson County, Texas.
"PARCEL 2" DESCRIPTION (9.77 ACRES)
BEGINNING at a 1/2" rebar set with plastic cap stamped "BASELINE, INC." in the east line of the
81.41 acre tract and also being in the west line of a 9.258 acre tract of land conveyed to the City of
Round Rock, Texas by instrument of record in Document Number 2014056270 of the Official Public
Records of Williamson County, Texas, from which a 1 /2" rebar found bears North 00°40'22" West a
distance of 153.40 feet (record North 01 °55'02" East a distance of 153.40 feet);
THENCE South 00°40'22" Fast (record: South 01'55'02" West), along the east line of the 81.41
acre tract and the west line of said 9.258 acre tract, a distance of 249.48 feet (record: 249.48 feet) to
a 1/2" rebar set with plastic cap, stamped "BASELINE, INC.';
THENCE South 01124'37" East (record: South 01 °10'47" West), continuing along the east line of
the 81.41 acre tract, the west line of the 9.258 acre tract, and the west line of the remainder of a
101.110 acre tract conveyed to the City of Round Rock, Texas by instrument of record in Volume
1760, Page 451 of the Official .Records of Williamson County, Texas, a distance of 348.85 feet.
(record: 348.79 feet) to a I" von pipe found for a southeast corner of the 81.41 acre tract, being the
northeast comer of a .10516 acre tract of land conveyed to Jonathan Matthey Mitchell and Connie
Mitchell by instrument of record in Document Number 1999074908 of the Official Public Records
of Williamson County, Texas;
TIiENCE along the south line of the 81.41 acre tract and the north and west line of said 10.516 acre
tract the following two (2) courses:
South 84030'10" West a distance of 780.21 feet (record: South 87106'37" West a distance
of 780.37 feet) to a 60D nail found in the approximate centerline of an asphalt drive;
South I I *) T24" East a distance of 500.05 feet (record: South 08°40' East a distance of
500.08 feet) to a 60D nail found in the approximate centerline of said asphalt drive, being
the southernmost southeast corner of the 81.41 acre tract, and also being the northeast corner
of a 4.680 acre tract of land conveyed to the City of Round Rock, Texas by instrument of
record in Document Number 2014027063 of the Official Public Records of Williamson
County, Texas and herein known a Reference Point "A';
THENCE continue along the south line of the 81.41 acre tract and the north line of said 4.680 acre
tract the following seven (7) courses:
South 85°51'39" West a distance of 250.62 feet (record: South 88°25'43" West a distance
of 250.41 feet) to a 3/8 rcbar found;
North 82°42'31" West a distance of 142.60 feet (record: North 80°03' West a distance of
142.70 feet) to a 318 rebar found;
3. North 58°37'OT' West a distance of 69,36 feet (record: North 56006' West a distance of
69.40 feet) to a 3/8" rebar found;
Exhibit "A"
(W0881151.14)
{Wo881151- 41 26
Page 5 of 12
4. North 28° 19'17" West a distance of 65.01 feet (record: North 25146' West a distance of
65.00 feet) to a cotton spindle with washer found;
5. North 01 °48'42" West a distance of 136.78 feet (record: North 00°48'30" East a distance of
137.(X) feet) to a 3/8" rebar found;
6. South 87159'46" West a distance of 57.83 feet (record: North 89° 11'30" West a distance of
58.00 feet) to a 3/8" rebar found;
7. North I1° 15'21" West a distance of 140.43 feet (record: North 08"35' 32" West a distance
of .140.43 feet) to a 3/8" rebar found; from which a 1/2" rebar found bears North 1°15'21"
West a distance of 79.13 feet (record: North 089812' West a distance of 79.20 feet);
THENCE crossing through the 81.41 acre tract the following three (3) courses:
Along a non- tangential curve to the right, having a radius of 1020.00 feet (record: 1020.00
feet), a length of 437.93 feet (record: 437.93 feet), a delta angle of 24°35'58" (record:
24°35'58" ) and a chord which bears North 64°51'23" East a distance of 434.57 feet (record:
North 64149'35" East a distance of 435.01 feet) to a 1/2" rebar set with plastic cap, stamped
"BASELINE, INC.";
North 77°09'22 East a distance of 84.49 feet (record: North 77008'19" East a distance of
84.49 feet) to a 1/2" rebar set with plastic cap, stamped "BASELINE, INC." for a point of
curvature;
3. Along a non-tangential curve to the left, having a radius of 1140.00 feet (record: 1140.00
feet), a length of 998..18 feet (record: 998.18 feet), a delta angle of 50°10'04" (record:
50° 10'22" ) and a chord which bears North 52*04'20"East a distance of 966.60 feet (record:
North 52°03'08"East a distance of 966.69 feet) to the POINT OF BF.,GINNING.
This tract contains 9.77 acres of land, more or less, out of the P.A. Holder Survey, Abstract Number
297 in Williamson County, Texas.
"PARCEL 3 DL'SCRIP'fION" (2.09 ACRES)
COMMENCING at the aforesaid Reference Point "A";
THENCE South .I M1'27" East (record: South 08°40' East), along the east line ofsaid 4.680 acre
tract and the west l ine of the 10.516 acre tract a distance of 28.84 feet to a 60D nail found for the
northeast corner of said 2.09 acre tract, being the southeast comer of the 4.680 acre tract for the
POINT OF BEGINNING.
THENCE South .11.'18'22" East (record: South 08°40' Gast), along the east line of the 2.09 acre tract
and the west line of the 10.516 acre tract and the west line of a 6.16 acre tract of land conveyed to
R.A. Waits by instrument of record in Volume 61.7, Page 812 of the Deed Records of Williamson
County, Texas a distance of 179.22 feet (record: 179.27 feet) to a 60D nail found for the southeast
corner of the 2.09 acre tract and being in the north line of a 13.101 acre tract of land conveyed to
Joseph J. Widdison and Heather Widdison by instrument of record in Document Number
2018053383 of the Official Public Records of Williamson County, Texas;
Exhibit "A"
(W0881151.14)
{Wo881151.14} 27
Page 6 of 12
THENCE along the south line of the 2.09 acre tract and the north line of said 13.101 acre tract the
following two (2) courses:
South 87°34'22" West a distance of 469.69 feet (record: North 89047' West a distance of
469.70 feet) to a calculated point;
2. North 43028'09" West a distance of 94.97 feet (record: North 40°49'37" West a distance of
94.98 feet) to a calculated point for an angle point in the south line of the 4.680 acre tract;
THENCE North 01145'50" West (record: North 00052'28" East), along the west line of the 2.09 acre
tract and the south line of the 4.680 acre tract a distance of 111.26 feet (record: 111.27 feet) to a
calculated point; from which a 1/2" rebar found bears North 00°51'36'' East a distance of 12.42 feet;
THENCE North 88014'03" Fast (record: South 89107'32" East), along the north line of the 2.09
acre tract and the south line of the 4.680 acre tract a distance of 503.14 feet (record: 503.14 feet) to
the POINT OF BEGINNING.
This tract contains 2.09 acre,~ of land, more or less, out of the P.A. Holder Survey, Abstract Number
297 in Williamson County, Texas.
THE TOTAL COMBINED NET ACREAGE OF ALL THREE PARCELS 1S 174.21 ACRES.
Bearing Basis: Texas State Plane Coordinates, Central Zone, NAD
Ronnie Wallace Date
Registered Professional Land Surveyor
State of Texas No. 5222
File: ;S:\Prgjects\Crescman Ranch\Does\Field Notes\(:ressman Ranch Title SF -3 M&B fn.doc:
ExWbit' A"
(W0881151.14)
{Wo881151.14) 28
I CRESSMAN ENTERPRISES, L.P.
TRACT 3
I 134.62 ACRES
I DOC. NO. 2003063811
O.P.R.W.C.T._—„
INT OF
'INNING
2CEL 1
"PARCEL 1"
162.35 AC.
STATE OF TEXAS
PART 7-33.302 AC.
VOL. 1970, PG, 515
O.R.W.C.T
31
JACKIE THOMISON SUBDI'
CAB. I, SL. 94-96
P.R.W.C.T.
`ma `eDY
.xQ"wcct if 3
CRESSMAN ENTERPRISES, L.P.
TRACT 3
134.62 ACRES
DOC. NO. 2003063811
O.P.R.W.C.T.
(N84'11'W 1435.72')
(N88'09'23"W 1435.16'
r:iAty11?IILLw41�y SOUTH LINE OF 59.372 AC.
Y
�'i) SL �i FBia (VOL 692, PG.544)
.ties f. O.R.W.C.T.
CRESSMAN ENTERPRISES, L.P.
TRACT 3
134.62 ACRES
DOC. NO. 2003063811
O.P.R.W.C.T.
"PARCEL 1"
162.35 AC.
—STATE OF TEXAS
PART 7-33.302 AC.
VOL. 1970, PG. 515
O.R.W.C.T
21
20
01;11 s
0
GRAPHIC SCALE
200 100 0 200
IN FEET 116
I
1A
MATCHLINE SHEET 7
1
I
MATCHLINE SHEET 12 __ ---------
---i--
-
15
tD�r»o sv`CO1PANY sve , ABSTRACT WER 173 A D � P� ABSTRACT OUT SUURM
BASELINE LAND SURVEYORS, INC.
NUMHEE 297. BOTH IN WMUAMSON COUNTY. TEXAS AND Bmm COMPRLSID or THREE
PARCEL& PAR= ONE HUNG 162.96 ACRES Or LAND BEDYO A PORCION Or A 194.88 ACRE
PROFESSIONAL LAND SURVEYING SERVICES
TRACT Or LAND CONVISM TO CRESSMAN SNTERPROiL9. LP, By INSTRUl1ENT Or RSCOAII
IN DOCUMENT NUMBER ZD0305WII Or THE OMCIA1 PURUC RECORDS or WWAMSON
SOW ANDERSON SQUARE ROAD. SUITE /0f AUSTIN, TEXAS 78717
COUNTY, TEXA.7, THZ=N DEBIONATED AS 'TRACE 9', AND ALSO BEING A PORTION Or AN
OFFICE: SIZ37"722
81.41 ACRE TRWr OF LAND CONVEYIm TO c'�•,—.,. U gr1WRL466 LP. BY SAID
INSTRUMENT OF RECORD OI DOCUIUM NUMBER 2009069811 OF TDA,' OMCW. PUBLIC
REGISTERED FIRM /fOO13100
m8�ri06oMfn�bndaurwyots.n�f
RECORDS Or THZIA1DTON COUNTY. TEXAS, THERCH DEBIGNATED AS 'TRACT 1'; PARCEL TITO
J.6 W.
Bmm A 9.77 ACRE TRACT Or LAND OUT Or SAID 81.41 ACRE TRACT Or LAND; PARCEL.
THREE REM 2.09 ACRE TRACT Or LAND CONMZD TO CRE39MAN EN7�RL9E8. LP. BY
INSTRUMENT Or RECORD HT nocvl¢Nr NDMHEH 2oa9o09811 OP res Orncut, PUBLIC
1•, 2W smk
RECORDS Or ►R2fAMSON COUNTS. T'RReLS, THEREDf D691GRAT"lQ11 AB ^(RACE 9T0'.
i of 12
Defc: Oyll/19 I a -ked W, ]SLID_ eV: ww
E%hibit "A"
(W0881151.14)
{Wo881151.14} 29
MATCHLINE SHEET 7 _
MATCHLINE SHEET 8
15
G
JACKIE THOMISON SUBDIVISION �
14 CAB, I, SL. 94-96
P.R.W.C.T.
GRAPHIC SCALE
--------------- 200 100 0 200
IN FEET
I
N 13
(564.63') 13 I [[480.0'11
564.27 479.81
N88720'50"E 1044.14'
(SB9'05'30'E) (1043.76')
CRESSMAN ENTERPRISES
9). A.
,
L. P. TRACT 1
Au4n 4Qlr. 297
81.41 ACRES
(78.41 ACRES
o
NET)
DOC. NO.
MATCHLINE SHEET $
2003063811
8-1
"PARCEL 1"
MATCHLINE SHEET 9
O.P.R.W.C.T.
"i --
162.35 AC.
OZ r!;0
lup PC)
O
*0'-0
0
� D;u
,8 p0
U 0
w .
N
v
O o
W N 0
N
8
m
-n
U p �'0�z
�o
�c� rn
t
O
o
tuN
MATCHLINE SHEET $
8-1
1
MATCHLINE SHEET 9
�w
"i --
�n
m
�NO
zN
O
moznca TO ADCOMPANY nascTamTTON OF a 174.21 ACRE TRACY OF LAND our OF TM
.7DCBBIBiYSY, ABBTBALT NDIBISR 170 AND TITS PA. HOLDER ABSTRACT 9UR98Y
BASELINE LAND SURVEYORS INC.
>
Nulauls 2LYT, Borg IN WHLIAI®ON COUNTY. TCW AND BMNQ COMPRIM or TMM
PARCLOB PARC1 ONS BEBLO 182.98 Acm 0► LAND BMO A PORTION OF A 184.82 AL'RE
PROFESSIONAL LAND SURVEYING SERVICES
TRACY OF LAND CONYEYI® TO CRE38MAN ENTERPRISM, LF. BY INSTRRU)MUT OF RECORD
IN DOCUMINT NUMB= 200900.98(1 OP THS orpx . PUMC RECORne OF Wn,(1W00N
8000 ANDERSON 50VARE ROAD SUITE 701 AUSTIN. TEXAS ]0757
COUNTY. TRW. TMMM DEMMIATED AS 'TRACT 0', AND ALSO HHDO A PORTION OF AN
OFFICE: 517.374.9727
MAL ACRS TRACY OF LAND CONYSYID TO CRE99W8 $7TLBPRtM3 LP. BY RAD
RECISTER£0 FIRM j OOf3T00
f
BlBTFuwm OE MWOTD IN DOCUMENT NUUM 2009080811 OF THS OMCWL PUBUC
>eM+l06ass1lm/orWturnyorr.nAf
RECORDS OF WDIAAM90N' COUNTY, TSIAB. TAERMN DEMONATED A0 "TRACT 1"; PARCH. TWO
SHEET
BWO A 9.77 ACRS TRACT OF LAND OUT OF SAD 81.4t ACRS TRACT OF LAND. PARCEL.
TMUM DZING 8.09 ACRS TRACT OF LAND CONYWM To CRZSMAN ID71EtUltt=, LP. BY
INSTRUMENT OF RECORD IN DOCUMENT NUIMBSR 20U80BH8i1 OP THS OMCLI6 PUBLIC
RHCOIDS OF m»ANSON COUNTY. TETAB, Tf KRM DE=GIW'T® A0 -TRUR TWO-.
Smle l• -tar Sr4N (Nst:
Mllbr.A' Gunn. r r.e a,.. w ,,._._ s......,
8 Of 12
{W0881151.14)
{Wo881151.14} 30
I
I
1
I
1
1
DID1
s's
mlz
,,rn
� IN
zIz
mm
m-11—mi
1
1
1
I
I
1
1
I
1
1
I
1_
140.43'
00
O�
MATGHLINE SHEET 8 — CN
—
MATGHLINE SHEET 9 ,
L
g
GRAPHIC SCALE
200 100 0 200
IN FEET
W 349.5 1 .
Cg7Tp8;�2 W 349.55
377' 09
to 4449
G� �N7'0
og,2
,Kwm4v r. 297
CRESSMAN
ENTERPRISES,
L.P. TRACT 1
81.41 ACRES
(78.41 ACRES
NET)
DOC. NO.
2003063811
O.P.R.W.C.T.
POINT OF BEGINNING
"PARCEL 2"
F
PARCEL 1"
162.35 AC.
"PARCEL 2"
9.77 AC.
780.21' (780.37')
s84'30'1 0" W (S87'ol
MATGHLINE SHEET _5
MATCHLINE SHEET 1
TO ACCOMPANY DESCRIPTION OF A MHlIB DONAHO SURVEY, CT OF LAND OUT OF TEM
A88TRACT NUUM 11 AND THE 74,21 ACREPA HOLDER, ABSTRACT BURYEY
NUMBEiI 297, Hord IN SBUAMBON COUNTY, 7=0 AND BLIND COMPRMW Or THREE
PARCELS: PAR= ONE BIWO 1$2.36 ACRES or LAND BEING A PORTION Or A 134.62 ACRE
TRACT of LAND CONVEY® t0 CRE9_ AN ENTERPRL4FS. LP. Br RISTRUMENT OF RSCOSD
IN DOCUMKNT NUMBER OOD3003511 OF THE OFFICIAL PUBLIC RECORDS OF •BIlAMBON
COUNTY. MO. THEREIN DEBICNATED AS 'TRACT e', AND ALSO WM A PORTSON OF AN
81.41 ACRE TRACT OF LAND CONVEYED TO CRE89MAE ENTERPRISES LP. BY SAD)
OLMU12NT Or RECORD M DOCUMENT NUMBER 2003069$11 OF THE OFFICIAL PUBLIC
RECORDS OF DHll6M80N COUNTY, TEEA.3. THXREM DE810NATED AS %?ACT 1'; PARCEL TI1D
BEING A 11.77 ACRE TRACY OF LAND OUT Or SAID 81.41 ACRE TRACT OF I1ND; PARCEL
TIDIES BEM 8.09 ACRE TRACT or LAND CONVEYED TO CRsvBMAN EtTTA7tPR13E8. LP. BY
RMTRUMINT Or RECORD IN DOCUMENT NUMBER 9DO3068811 OF THE OFFICIAL PUM.0
RECORDS OF •UAJAMSON COUNTY. TEW, TREREM DEMONATED A8 %FACT TWO,
Exhibit "A'
I W0881151.14)
{Wo881151.14} 31
'37"W)
V v I j
O SFJ �
m
/ w
1v o
N 04
Y
� �L;
N O zU)Nor
:3"d a:
wo z o
AO o
4
r*i Q V
cmn - OO
ca
.i
BASELINE LAND SURVEYORS, INC.
PROFESSIONAL LAND SURVEYING SERVICES
8000 ANDERSON SOUARE ROAD. SUITE 101 AUSTIN, TEXAS 76737
OFFICE: 312.574.9722
REO15 WO nRM /100f3fO0
m6arfO0dA�kn�l6ndsurvsyore, n�f
rsie sv+olma+exvaweuarr�ucscwn,wsHmrxc rwctsxvo..q
x+ snAasAa: SHEET
see (H.):
12W. 9 Of 12
0.16: 0(/11/19 Oc,tN $Y lY harm fN: HMI
MATCHQNE�3a -�
SHEET T -t-
SHEET 10
140.43'
lCl/Y OF ROUND ROCK, TEXAS %nl
/ 4.680 ACRES t=1'O
/ 1 DOC, NO. 2014027063 `-D �'
iO.P.R.W.C.T.
r CITY OF ROUND CCK, TEXAS �1
/ 4.680 ACCCCCRES
/ DOC. N0. 201402706
O.P.R.W.�.T.
_ �J
(N00'52'28"E)
N01'45'50"W
111.26'
(111.zT)
(N40'49'37"W)
N43'28'09"W
JOSEPH J. WIDDISON &
HEATHER WIDDISON
13.101 AC.
DOC. NO. 2018053383
O.P.R.W.C.T.
p�
2
GRAPHIC SCALE
200 100 0 200
IN FEET
S8r59'46"W N89'11'30"W)
57.83' 58.00')
N01.48'42"W(NOO'48'30"E)
136.78'(137.00')
N28'1 9'1 7"WSN25'46W)
65.01'165.()Q
))
N8'37'67"W(N56'O6"
69.38'(69.40') Q_%
(142.
.114'4)
Y'ARCEl. 3•
209 AC.
S87 -34'22"W 469.69'
(N89'47'00"W)(469.70')
CRESSMAN ENTERPRISES,
TRACT 2
2.09 ACRES
DOC. NO. 2003063811
O.P.R.W.C.T.
MATCHLINE SHEET _S
MATCHLINE SHEET -1
JuiWtIIViIN MAIINLT MIIC:HL
00 & CONNIE MITCHELL
OR 0 10.516 ACRES
180 DOC. NO. 1999074908
6O.P.R.W.C.T.
REFERENCE POINT "A'
s POINT OF COMMENM
"PARCEE�L 3"
S 1(1 11 1 A27"E
28.84'(28.78')
POINT OF BEGINNIN
"PARCEL 3"
. _ (S08'40'E) _ _
S1 1.18'22' E
179.22'(179.27')
i
4 R.A. WAITS
L.P. 6.16 ACRES
VOL. 617PG. 812
D.R.W.C.T.
i
,t
1
I,..n WraslnRON
Iia- 0,w nuw
m �.I ara ra.n
0 11r mw aer .OR num Ov
RA WL t�fl( NC•
t CNd4A1i9 i'WI'(f
MOITCN TO ACCOMPANY D3SCRaTION or A 174,21 ACNE read or LAND OUT Or THE
BIAS DOWD SURVEY. ABSTRACT NUI®1 173 AND THE PA NOLDA6 ABSTRACT SUA96Y
'• CURVE 7AR1E
NUUM 797, Bata IN WILIAMSON COURTT, TZXM AND BEING COYPRIM Or TREE
PARCH: PARCEL ONE BUNG 16236 ACR$ Or LAND SWG A PORTION OF A 154.57 ACRE
PROFESSIONAL LAND SURVEYING SERVICES
CURVE/
RaDN9 IFNOIiI DURA
CNORD BFIRtNO
CHARD
Cl
1,009,90' 1,371.4r 774e'14•
S3C18.10'W
1,260.1x'
(c11
l,a9W ee' 1n1.4r Tru D9
735/4.151r
12W52'
C2
MOW 430,81• 25.50'47'
SO4'13.54w
427.1e'
IC21
95&00' MOr 20.50.19•
W13 -10-W
1427.0.T
0
2,95,943' 112215 21'43.4Y
NO IV07•E
1115.40'
IC31
2,954.43' il24j&i I
NOS3T52•E
1117.25'
C4
1,02800' 437.93' 2435'55•
NBC51'23•E
434.57'
[C4)
1,020.00' 436-6' X37'29•
N0449.352
433.01'
C5
1.140.00' 995.15' 50.10.04N3T04'20•E
90e,D0'
IC51
1,140.00' W90.28' 50'10'22'
N51031wi
880.69'
MOITCN TO ACCOMPANY D3SCRaTION or A 174,21 ACNE read or LAND OUT Or THE
BIAS DOWD SURVEY. ABSTRACT NUI®1 173 AND THE PA NOLDA6 ABSTRACT SUA96Y
BASELINE LAND SURVEYORS INC.
a
NUUM 797, Bata IN WILIAMSON COURTT, TZXM AND BEING COYPRIM Or TREE
PARCH: PARCEL ONE BUNG 16236 ACR$ Or LAND SWG A PORTION OF A 154.57 ACRE
PROFESSIONAL LAND SURVEYING SERVICES
TP= Or IAND CONVEYED TO CRZSMiAN RNTENPRI!9W, LP, IIT WUEWIRNT Or RECORD
5000 ANDERSON SQUARE ROAD, SUITE 101 AUSTIN, 7OU5 75757
IN DONI@rr muff= 2009063611 OF THE OFFICIAL PUWJC tumm or •IIIAMSON
COUNTY. TEEM ToMM DEBT UTI D A3 9NACT 3•. AND ALSO METS A PORTION Or AN
OFFICE: 312.374.9722
OL41 ACRE TRACT OF LAND CDNVZM TO CRIESS= ENT LP. Sy sem
REOISTEREO FIRM /10015100
INSTRUMENT Or RECORD IN DOCUbOW NUIWZR BDOSO83BU Or 'TBE OFFICIAL PUBfSC
roWrfOl+oaMtn419ndsurnyen.nN
RECORDS OF WIL IAMBON COUNTY. TEM. THEM DONATED AS TRACT 1', PARCEL TWO
B1DD A 9.77 ACHE TRACT Or RAND OUT Or RAID 81.41 ACRE TRACT OF LAW, PARCEL""1e1m'QAOT1A�5a-
tRrt>a MING P-09 ACRS TRACT Or NANO CONVEYEDTO CHILSSMAN RNTERPRt3d, LP. BY
SHEET
bb No. 1 9momm
INSIRMW OF RECORD IN DOCUM WWXR 2003063611 Or THE OFFICIAL PUBLIC
s (W.): 1•- 200' s st me :
RECORDS Or WILLIAM30N COUNTY. TECAS, TNERMN 018K1NaT'!m AS TCT RATwo.
Cow OVII/19 CherimY 51':-gl Oram my: MAN
10 Of 12
Exhibit "A"
'W0881151.14)
{Wo881151.14} 32
tit (N88'28'57"W)) (599.50' ,
S88'ST23"W 600%
1
_ I— L _
15 16 17 1a 19 20 11 M_A_TCHLINE SHEET
12 CRESSMAN
ENTERPRISES1
--- --
\
I IBLO�K I I Y� NMATCHLINE SHEET
Lu -,
11 L.P. TRACT 1
1
I
� 3 10.
81.41 ACRES
I
(78.41 ACRES
LEGENDS VLLAGE I 5 w
DOC. NO.
SECTION 2, PHASE 3 — - —
DOC. NO. 2011038590
O.P.R.W.C.T. 6 p
200306381 1
O.P.R.W.C.T.
1
"
1
7 Z�
z ((N85'47'31 "'W) (480.92')
a N88'2 23"W
(N81'44'
479,83'
9
177.689)
10 11 I 1 12 3
BL CK E
N84'2I'16"W
(177.89')
8L CK
I �
LEGENDS VILLAGE
I
1
SECTION 2, PHASE
4
DOC. NO. 2010074432
n
O.P.R.W.C.T.
0In
21=
`�. cQ. a aiw `�cvF�rtvr�
zlz
m
.�G•.i ,Nu,FF1.G�,� 297
IrZT1
CRESSMAN
mIm
ENTERPRISES,
m m
L.P. TRACT 1
0 �°�
81.41 ACRES
m `'�-
=1(0
(78.41 ACRES
NET)
h o
1
DOC. NO.
:1 Do
2003063811
O.P.R.W.C.T.
30
z
I
1
I
I
"PARCEL 1"
162.35 AC.
aI _
[a4.07]'
1
27 83.81
(S8T40'S9"W)
28
G`L
GRAPHIC SCALE
MATCH IN6o
2�
�- _^. 79.20'
200 100 0 200 SHEET
N8942'0 � (34
:.111')0 9 13
IN FEET SHEET 10
-'0;.
N - 140.43'
8KMII TO ACCOMPANY DESCRIPTION OF A 17431 ACRE TRACT OF LANG OUT OT THE
COUNZYMn 1 ROUWL
73 AM TIM P>�lG
BASELINE LAND SURVEYORS, INC.
Nn= 897, BOTH Of wDaAWOR 'TEXAS AND COieR.A.
� OF T1�
PARCSIB: PARCEL ONE SWO 18138 ACM OF LAND BEING A PORTION OF A 134.62 ACBE
PROFESSIONAL LAND SURVEYING
SERVICES
TRACT
TRACT OF LAND COTO CBE3SMAN SN7gM-jU'.�. LP. HY 7N8'TR{II�NT OF RLCORD
B( DOCUMENT NUMBS 200308981] 01 THE OF R=CORDS or TOIIIAMSON
8000 ANDERSON SQUARE ROAD, SURE 101
OFF1CO 312.574.8772
AUSTIN, TEXAS 7873COMM
COUNTT. TETAS. THEREIN DESIGNATED AS TRACT V. AND ALSO MING A PORTION OF AN
81.41 ACRS TRACT OF LAND CONVEYED TO CRIM MAE EZTLERPRM= Lp. BY SAID
REC75TERF0 FIRM 1
/ 0013100
IMMUMM OF REWBD IN DOCUlbOW NUMBER 2003063811 OF THE OFFICIAL PUBLIC
RECORDS OF IIIIAM30N COUNTY, TEEAB, THUM DEBLONA'TED A8 'TMCI' 1•; PARCEL TRO
roMrtOboreOMlondturnygs,nAt
ir. x�ngwatoRSW+MIo�Pq�tIDWlrtwaf
Arena nUcrs sta.a
SHEET
BEING A 9.77 ACRE TRACT OT LAND OUT of BALD 51.41 ACRE TRACY OT LAND; PARCEL
TRIM BEING 2.09 ACRE TRACT OF LAND CONVEYED TO CR�SMAN EN7Yi�R J. LP. SY
,
D18IiUM1;t1T OF RECORD M DOCUYBtTTT NAI®ER 2002083611 or YRE OFFICIAL PDBLLC
RECORDS OF RHI]iM80N COUNTY. TEXAS, THERM DE810NATED AS 'TRACT TRO•,
it Of 11
Sra7e Hor.: 1•. SW' Bak
Oah: a/t1/19 Omd018y:.5L WnNn eY; NA1f
{W0881151.14)
{Wo881 51.W
LX0101L A
33
EXHIBIT B
Concept Plan
[attached]
(W0881151.14)
{Wo881151.14} 34
�4aA
hip¢ aye'
f
0
t
�x ds b M
1 3� is • �ti � fl �+ � J
0,
rt �ti
!f
J
41 •
411/ lkf
_ 1J df
` �■
^
`
(W0881151.14)
{Wo881151.14} 35
EXHIBIT C
City Consent Resolution
[attached]
( W0881151.14)
{Wo881151.14} 36
EXHIBIT D
Depiction of Kenny Fort Boulevard Realignment and Park Land
[attached]
tW0881151.14)
{Wo881151.14} 37
(Wo881151.141 38