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Contract - Greg and Kimberly Attwood - 2/13/2020 Easement Purchase Agreement This contract to buy and sell real property interests is between Seller and Buyer as identified below and is effective ori the date ("Effective Date") of the last of the signatures by Seller and Buyer as parties to this contract. Seller: Greg Attwood,'In.dividually and as Trustee,and Kimberly Attwood Address: 8015 Sharon Dr. Leander,Texas 78641 Phone: c/o Nick Laurent,Attorney(512)478-4995 Buyer: City of Round Rock, a Texas home rule city Address: 221 E.Main St. Round Rock,TX 78664 Williamson County Easement Property: (1) Subsurface raw water line easement interest in and to those certain four tracts of land consisting of 0.388 acre, more or less, out of the John Stewart Survey, Abstract 735,in Travis County, Texas (Parcel 1); 0.018 acre, more or less, out of the John Stewart Survey, Abstract 735,Travis County,Texas(Parcel 2); 1.249 acres,more or less,out of the John Stewart Survey, Abstract 735 and-the Rusk Transportation Survey, Abstract 681, Travis County,Texas (Parcel 16); and 0.494 acre,'more or less,out of the John Stewart Survey,Abstract 735,Travis County, Texas (Parcel 106);:'all being more particularly described by metes and bounds and sketch in Exhibits"A-D",attached hereto and incorporated herein for all purposes. (2)Temporary monitoring well easement interest in and to 25 square feet of land located in the Rusk Transportation Survey, Abstract 81, Travis ICounty, Texas (Parcel MW); being more particularly described by metes and bounds and sketch in Exhibit "E"; collectively the "Easement Property" Title Company: Texas National Title Escrow Agent: Katie Deason Address: 305 Denali Pass Drive, Suite A Cedar Park,Texas 78613 Phone: (512)337-0300 Fax: (512) 853-5810 E-mail:Katie.Deason@,TexasNationalTitle.com Purchase Price: $ 54,306.00 . County for Performance: Travis County,Texas ATrWOOD(1)—BCRUA�mement Purchase Agrec=nt(DC 19.20 clean)(0043778RAOM) 'g.- A. Closing Documents A.I. At Closing, Seller will deliver the following items: Subsurface Raw Water Line Easement& Temporary Monitoring Well Easement,in the form as described and attached hereto. A.2. At Closing,Buyer will deliver the following items: Balance of Purchase Price The documents listed iri this section A are collectively known as the"Closing Documents." B. Exhibits The following are attached to and'are made a part of this contract: Exhibit F- Subsurface Raw Water Line Easement Exhibit G-,Temporary Monitoring Well Easement C. Purchase and Sale of Property Interests and Additional Consideration Purchase and Sale Agreement. Seller agrees to sell and convey the Easement Property to Buyer and to construct the access gate and provide clearing necessary for reasonably passable passenger vehicle access along the agreed access route,according to the terms of the Temporary Monitoring Well Easement attached hereto as Exhibit G,and Buyer agrees to buy and pay Seller for the Easement Property and cost of clearing and gate installation. Seller makes no representation-or warranty to Grantee with respect to the condition of the Easement Property, whether express, statutory, implied or otherwise, and Buyer expressly disclaims any implied warranty that such easement property is or will be suitable for Buyer's intended purposes.The promises by Buyer and Seller stated in this contract are the consideration for the formation of this contract. D. Closing D.J. Closing.This transaction will close("Closing")at Title Company's offices at the Closing Date and Closing Time. At Closing,the following will occur. D.1.a. Closing Documents; Title Company Documents. The parties will execute and deliver the Closing Documents and any documents required by Title Company. D.1.b. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts that Buyer is obligated to pay under this contract to Title Company in funds acceptable to Title Company. D.I.c. Disbursement of Funds;Recording;.Copies. Title Company will be instructed to disburse the Purchase Price and other funds in accordance with this contract,record the easement and the other Closing Documents as directed, and distribute documents and copies in accordance with the parties'written instructions. 2. . I I DJA Possession. Seller will deliver possession of the Easement Property to Buyer, subject to the Permitted Title Exceptions existing at Closing. D.2. Transaction Costs D.2.a. Buyer's Costs.-Buyer will pay the basic charge for the Title Policy; the escrow fee charged.by Title Company; the costs to-prepare the'easement documents; the costs to obtain.,'deliver, and record releases of any.liens required,to be'released in connection with the sale;the costs to record documents to cure Title.4bjections required to*be cured by Buyer'and to resolve smatters shown in Schedule C of the Title Commitment;the costs to obtain the certificates or reports of ad valorem taxes;the costs to deliver copies of the instruments described in paragraph.A; any other costs expressly required to be paid by Buyer.in this contract,including BuYer's attorney's fees and expenses. D.2.b. Seller's Costs. Seller'will pay any costs expressly required to be paid by Seller in this contract,including Seller's attorney'sTees and expenses. D.2.c. Brokers'Commissions.No Broker's commissions or fees vwill be paid as a part of this transaction and Closing. D.2.d.Issuance of Title Policy. Buyer will cause Title Company to issue the Title Policy to Buyer as soon as practicable after Closing. I E.- Default and Remedies E.1. Speck Performance. Buyer may demand specific performance of this contract_ E.2. actual Damages. If Seller conveys or encumbers any portion of the Easement Property before Closing so that Buyer's ability'to enforce specific performance 'of Seller's obligations under this contract is precluded or impaired,Buyer will be entitled to seek recovery from Seller for the actual damages sustained by Buyer by reason of Seller's)Default,including attorney's fees and expenses and court costs. E 3. Seller's Default, .Remedies after Closing. If Seller's 'representations are not true and correct at Closing due to circumstances reasonably within Seller's control and Buyer does not become aware of the untruth or incorrectness of such represexitations until after Closing,Buyer will have all the rights and remedies available at law or in equity. If Seller fails to perform any of its obligations under this contract that survive Closing,Buyer willhave all rights and remedies .available at lain or in equity unless otherwise provided by the Closing Documents. EA Buyer's Default; Remedies. If Buyer fails to perform any of its obligations under this contract("Buyer's Default"),Seller may terminate this contract by giving notice to Buyer on or before Closing. The foregoing constitutes Seller's sole and exclusive remedies for a default by Buyer. . 4.5. attorney's,•Fees. If either party retains an attomey to, enforce this contracts the party prevailing in li�igation'is entitled to recover Te.'asonable:attorney's fees and court and other costs_ K Miscellaneous Provisions I I. 3. . I F.1. Notices.:Any notice required by or permitted under this.contract must be in writing. F.2. Entire.Agreement. This contract, its exhibits,.and any Closing Documents delivered at Closing are the entire agreement of the parties concerning the'sale of the Property by Seller to Buyer. There are no representations, warranties, agreements, or promises pertaining to the Property or the sale of the Property by Seller to Buyer,and Buyer is not relying on any statements or representations of Seller or any agent of Seller,that are not in those documents. F.I Amendment. This contract may be amended only by a signed,written agreement: F.4. Assignment. Buyer may assign this contract and Buyer's rights under it. F. Conflicts. If there is any conflict between.the Closing Documents and this contract, the Closing Documents will control. The.representations made by the parties as of Closing survive Closing. F.6. Choice of Law; Venue. This contract is to be construed under the laws of the State of Texas.Venue is in the.county for performance. F.7. Waiver of Default. Default is not waived if the non-defaulting party fails to declare a default immediately or delays taking any action with respect to the default. F8. Severability. If a provision in this contract is unenforceable for any reason,to,the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this contract, and this contract is to be construed as if the unenforceable provision is not a part of the contract. F9. Ambiguities Not to Be Construed against Party 9%o Drafted Contract. The rule of construction that ambiguities in a document are construed against the party who drafted it does not apply in interpreting this contract. F.10. Counterparts. If this contract is executed in multiple counterparts,all counterparts taken together constitute this contract. Copies of signatures to this contract are effective as original signatures. F.11. Binding Effect This contract binds,benefits and may be enforced by the parties and their respective heirs, successors, and permitted assigns. SELLER: Greg AttwocAlnc vidually and s Trustee Kimberly Attwood 4. BUYER: City of Round Rock, a Texas home rule city B �Vl Y• Its CI �4W 6P Agreed to and Acknowledged by the Brushy Creels Regional Utility Authority(BCRUA) By: Karen Bondy, General Title Company acknowledged receipt of a copy of this contract executed by both Buyer and Seller. By: Name: Title: Date: 5. BCRUA EXHIBIT "All GREG ATTWOOD oTRUSTEE -�- Walker Partners engineers * surveyors 804 Las Cimas Pkwy.,Suite 150 Austin,Texas 78746 50 FOOT WIDE (0.388 ACRE) SUBSURFACE EASEMENT LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 0.388 ACRE STRIP OF LAND LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735, IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 1.43 ACRE TRACT DESCRIBED IN EXHIBIT"C", IN A DEED TO GREG ATTWOOD,TRUSTEE, OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.) 1999034469 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.). SAID 0.388 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING,MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING A POINT IN THE NORTH LINE OF SAID 1.43 ACRE TRACT,AND THE SOUTH LINE OF A CALLED 4.526 ACRE TRACT DESCRIBED IN EXHIBIT"B", IN SAID DEED TO GREG ATTWOOD,TRUSTEE, FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID 1.43 ACRE TRACT BEARS N 61033'54"W—71.21'; THENCE S 61033'54" E—50.01'WITH THE COMMON LINE BETWEEN SAID 1.43 ACRE TRACT AND SAID 4.526 ACRE TRACT TO A POINT FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT AND SAID 1.43 ACRE TRACT; THENCE WITH THE COMMON LINE BETWEEN SAID 1.43 ACRE TRACT AND A CALLED 0.37 ACRE TRACT, DESCRIBED IN EXHIBIT D, (EASEMENT TRACT), IN SAID DEED TO GREG ATTWOOD,TRUSTEE,THE FOLLOWING TWO(2)CALLS: 1. S 27035'05"W—292.01'TO A POINT FOR ANGLE, 2. S 50028'05"W—66.86'TO A 1/2"IRON ROD FOUND IN THE NORTH LINE OFA CALLED 0.788 ACRE TRACT DESCRIBED INA DEED TO GREG ATTWOOD, OF RECORD IN T.C.C.D. 2000034314 OF THE O.P.R.T.C.T.,AT THE SOUTHEAST CORNER OF SAID 1.43 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE N 61036'46"W—24.00'WITH THE COMMON LINE BETWEEN SAID 1.43 ACRE TRACT AND SAID 0.788 ACRE TRACT TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH AN"X"PLACED IN CONCRETE AT THE WEST CORNER OF SAID 1.43 ACRE TRACT BEARS N 61036'46"W—229.26'; THENCE N 27035'05" E—354.02 THROUGH THE INTERIOR OF SAID 1.43 ACRE TRACT,RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.388 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L.SIMPSON, REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED: NOVEMBER 8,2017 RE EASED:JANUARY 18,2018 OF T ,t�Q�.•G1S T�,�•.a' WARREN L. SIMPSON, R.P.L.S.4122 WARREN L.SIMPSON p 4122 PROJ NO. 3-00619 ��fi•�FFSS��:�.�� PLAT NO.Al-1371 Q •••. FIELD NOTE NO.001 S U IR MAP CHECKED: 01/09/2018-JBM www.WalkerPartners.com TBPE Registration No.8053 1 TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\l Survey\1.5 Final Copies\Field Notes\FN-OOI.docx BCRUA 001 GREG ATTWOOD,TRUSTEE / 'X'PLACED IN AW"41 M / CONCRETE 7jlA1,J9 ASMI, / GREGORY A.ATTWOOD N CALLED 10.1 ACRES PARCELI FIELD NOTE N N T.c.O.P,R,D. ,C.T. n POINT OF BEGINNING GREG ATTWOOD � O.P.R.T.C.T. CALLED 0.788 ACRE o GRID COORDINATES T.C.C.D.2000034314 m N:10136562.08'EA056997.86' O.P.R.T.C.T. z Z GREG ATTWOOD,TRUSTEE CALLED 1.43 ACRES — — — — EXHIBIT"C" T.C.C.D.1999034469 ci" ry GREG ATTWOOD,TRUSTEE O.P.R.T.C.T. w CALLED 4.526 ACRES EXIBITB N 27°35'05"E 354.02' Z o T.c.c oH1 999034469 ~ O.P.R.T.C.T. 0.388 ACRE SUBSURFACE EASEMENT 1� L J L.C.RA CALLED 159.78 ACRES TRACT NO.I GREG ATTWOOD,TRUSTEE L C.R.A.INUNDATION EASEMENT VOLUME 608,PAGE 283 CALLED 0.37 ACRES VOLUME 609,PAGE 211 _ D.R.T.C.T. EXHIBIT D-EASEMENT TRACT D.R.T.C.T. T.C.C.D.1999034469,O.P.R.T.C.T. ti \ Do`AVID L.BOTTOM LOT3B I CALLED 1.648 ACRES fO LOT3A RESUBDIVISION OFLOT3 T.C.C.D.1999006488 E RESUBDIVISION OF LOT3 LAKE TRAVIS SUBDIVISION NO.6 LAKE TRAVIS SUBDIVISION NO.6 VOLUME 101,PAGE 359 O.P.R.T.C.T. o VOLUME 101,PAGE359 P.R.T.C.T. I LEGEND E P.R.T.C.T. • =1(2'IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( ) =DEED CALLS M P.R.T.C.T. =PLAT RECORDS TRAVIS 00 LINE TABLE COUNTY,TEXAS o LINE DIRECTION LENGTH T.C.C.D. =TRAVIS COUNTY00 CLERK'S DOCUMENT L-1 S 61'33'54'E 50.01' L-2 S 27°35'05"W 292.01' D.R.T.C.T. =DEED RECORDS L-3 5 50°28'05"W 66.86' TRAVIS COUNTY,TEXAS w O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS v L-4 N 61°36'46"W 24.00' TRAVIS COUNTY,TEXAS O z L.C.R.A. =LOWER COLORADO v RIVER AUTHORITY =EASEMENT AREA C6 D SURVEYOR'S NOTES: O O SURVEYED:NOVEMBER 08,2017 EXHIBIT r RELEASE DATE:JANUARY 18,2018 OF A 50 FOOT WIDE(0.388 ACRE)SUBSURFACE o FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND TITLED: EASEMENT LOCATED IN THE JOHN STEWART w SURVEY,ABSTRACT 735 IN TRAVIS COUNTY, U 50 FOOT WIDE(0.388 ACRE)SUBSURFACE EASEMENT LOCATED IN THE TEXAS,BEING A PORTION OF A CALLED L43 a JOHN STEWART SURVEY,ABSTRACT 735 IN TRAVIS COUNTY,TEXAS. ACRE TRACT DESCRIBED IN A DEED TO GREG THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.THIS ATTWOOD,TRUSTEE,OF RECORD UNDER W SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, TRAVIS COUNTY CLERrS DOCUMENT O1 THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE 1999034469 OF THE OFFICIAL PUBLIC RECORDS o HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON.HOWEVER, OF TRAVIS COUNTY,TEXAS m THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS, RESTRICTIONS OR ENCUMBRANCES(EITHER OF RECORD OR NOT OF RECORD)WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN o HEREON. OF T 4 THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON i(j\STFR * THE TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,CENTRAL col'o ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS. REN L.SIMPSO V)DISTANCES SHOWN HEREON ARE SURFACE VALUES. , ■■■■■■■.■■■■■■■■■■ �2•.FFSSQ.•yO 0 WARREN L.SIMPSON,R.P.L.S.4122 1 URN Isimpson@walkerpar ners.com ©COPYRIGI IT ALL Z RIGHTS RESERVED z N 0 50 100 200 a a -^- ker Panners GRAPHIC SCALI;IN FEET 0 eng0ineers * surveyors M PIAT NO. Al-1371 PROJ.NO. 3-00619 DRAFTED 12/27/17 804 Las Clmas Pkwy.,Suite 150• Austin,Texas 78746 Phone:1-512.P.L.S.R 1•Registration N.Regis1019 317 No.8053 TAB NA F/N NO. 001 FB/PG 3-4 48 DRAWN BY T M T.B.P.L.S.Registration No.10194317 0 DWG.NAME 3-00619ESMT-PARCEL MAP CHK'D 12/27/17 a 001-ATTWOOD.DWG EXHIBIT "B„ BCRUA 002 GREG ATTWOOD -�- walker Partners engineers * surveyors 804 Las Cimas Pkwy.,Suite 150 Austin,Texas 78746 0.018 ACRE SUBSURFACE EASEMENT LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 0.018 ACRE STRIP OF LAND LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735, IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 0.788 ACRE TRACT DESCRIBED IN A DEED TO GREG ATWOOD, OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.)2000034314 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.). SAID 0.018 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING A POINT IN THE NORTHEAST LINE OF SAID 0.788 ACRE TRACT AND THE SOUTHWEST LINE OF A CALLED 1.43 ACRE TRACT DESCRIBED IN EXHIBIT"C", IN A DEED TO GREG ATTWOOD,TRUSTEE,OF RECORD IN T.C.C.D. 1999034469, OF THE O.P.R.T.C.T., FOR THE NORTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH AN"X"PLACED IN CONCRETE AT THE NORTH CORNER OF SAID 0.788 ACRE TRACT BEARS N 61'36'461,W—229.26'; THENCE S 61036'46" E—24.00'WITH THE COMMON LINE BETWEEN SAID 0.788 ACRE TRACT AND SAID 1.43 ACRE TRACT TO A 1/2"IRON ROD FOUND AT THE SOUTH CORNER OF SAID 1.43 ACRE TRACT AND THE WEST CORNER OF A CALLED 0.37 ACRE EASEMENT DESCRIBED IN EXHIBIT D, IN SAID DEED TO GREG ATTWOOD,TRUSTEE,OF RECORD IN T.C.C.D. 1999034469 OF THE O.P.R.T.C.T. THENCE S 61036'46" E—5.15'WITH THE COMMON LINE BETWEEN SAID 0.788 ACRE TRACT AND SAID 0.37 ACRE EASEMENT TO A POINT FOR THE EAST CORNER OF SAID 0.788 ACRE TRACT AND THE HEREIN DESCRIBED EASEMENT; THENCE WITH THE SOUTHEAST LINE OF SAID 0.788 ACRE TRACT,AND THROUGH THE INTERIOR OF A CALLED 159.78 ACRE TRACT DESCRIBED IN TRACT NO. 1, IN A DEED TO THE LOWER COLORADO RIVER AUTHORITY,OF RECORD IN VOLUME 608, PAGE 283 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS(D.R.T.C.T.),THE FOLLOWING TWO(2) CALLS: 1. S 55036'57"W—46.76'TO A POINT FOR ANGLE, 2. S 65015'10"W—11.49'TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH THE SOUTH CORNER OF SAID 0.788 ACRE TRACT BEARS S 65015'10"W—104.40, S 61-32'12"W—77.48' AND FROM SAID SOUTH CORNER A 1/2"IRON ROD FOUND AT THE WEST CORNER OF SAID 0.788 ACRE TRACT BEARS N 24040'54"W—199.93'; THENCE THROUGH SAID 0.788 ACRE TRACT,THE FOLLOWING TWO(2)CALLS: 1) AN ARC LENGTH OF 19.36',WITH A CURVE TO RIGHT, HAVING A RADIUS OF 1225.00',A CENTRAL ANGLE OF 00054'20"AND A CHORD WHICH BEARS N 2700755"E—19.36',TO A POINT AT THE END OF SAID CURVE, 2) N 27°35'05" E—31.42',RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.018 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L.SIMPSON,REGISTERED PROFESSIONAL LAND SURVEYOR,NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED: NOVEMBER 8,2017 RELEASED:JANUARY 18,2018 .y ` WARREN L.SIMPSON WARREN L.SIMPSON, R.P.L.S. 122 ■•■■■■■■■■■■■•■... :.p 4122 �- PROJ NO. 3-00619 Ouse SSIO�;+yO PLAT NO.Al-1372 S[f FIELD NOTE NO.002 MAP CHECKED: 01/09/2018-JBM www.WalkerPartners.com TBPE Registration No.8053 1 TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-002.docx BCRUA 002 GREG ATTWOOD LEGEND • =12'IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( ) =DEED CALLS GREG ATTWOOD,TRUSTEE T.C.C.D. =TRAVIS COUNTY RESIDUE GREGORY A.ATTWOOD CLERK'S DOCUMENT CALLED 53.28 ACRES CALLED 10.01 ACRES D.R.T.C.T. =DEED RECORDS EXHIBIT'A' PARCEL 1 TRAVIS COUNTY,TEXAS cs' T.C.C.D.1999034469 T.C.C.D.2000159277 O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS O.P.R.T.C.T. O.P.R.T.C.T. TRAVIS COUNTY,TEXAS 'X'PLACED IN =EASEMENT AREA CONCRETE N 52°05'17'E 71.81' ROBERT KIP LEWIS � CALLED 0.356 ACRES h T.C.C.D.2012072727 O.P.R.T.C.T. a a ^� 2 I 3 ', GREG ATTWOOD,TRUSTEE �n 1/2'IRON ROD FOUND CALLED 1.43 ACRES o WITH CAP STAMPED as 6 EXHIBIT'C' N TERRA FIRMA' T.C.C.D.1999034469 N �2 N GREG ATWOODco a� O.P.R.T.C.T. (NAME PER DEED) o� CALLED 0.788 ACRE 60D NAIL T.C.C.D.2000034314 FIELD NOTE r I FOUND o.P.R.T.c.T. POINT OF BEGINNING c, GRID COORDINATES a to v 0.018 ACRE N:10136248.34'E:3056833.95' E (s 61°40,iq, SUBSURFACE o S 810W 76.97) EASEMENT E 32'12'(y 77.48' S ( 65°013j, / 2� a n�GO)�l S` �J`¢ti}y'' rlfifl,�1 'fi 6S°15'10"w 7p 47 oo r 5 ,rt `}" J LOWER COLORADO IMY`�;g,� 101 2�°�'�d -�%ll��� RIVER AUTHORITY L-3L 2 GREG ATTWOOD,TRUSTEE N CALLED 159.78 ACRES (S 55023'18"W 46.76) CALLED 0.37 ACRE N LINE TABLE TRACT NO.1 EXHIBITD-EASEMENT TRACT VOLUME 608,PAGE 283 T.C.C.D.1999034469 OR.R.T.C.T. D.R.T.C.T. LINE DIRECTION LENGTH SAME BEING L.C.R.A. I= L-1 S 61'36'46"E 24.00' INUNDATION EASEMENT L-2 S 61'36'46'E 5.15' CURVE TABLE \ VOLUME 609,PAGE 211 u L-3 s 55°36'57"W 46.76' CURVE LENGTH RADIUS DELTA CHORD D.R.T.C.T. O L4 5 65°15'10"W 11.49' C-1 19.36' 1225.00' 0'54'20" N 27°07'55-E-19.36' \ L-5 I N 27°35'05'E 31.42' c� 0 O SURVEYOR'S NOTES: O SURVEYED:NOVEMBER 08,2017 ExHIBIT RELEASE DATE:JANUARY 18,2018 .t OF A 0,018 ACRE SUBSURFACE EASEMENT o FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND TITLED: LOCATED IN THE JOHN STEWART SURVEY, w ABSTRACT 735 IN TRAVIS COUNTY,TEXAS, U 0.018 ACRE SUBSURFACE EASEMENT LOCATED IN THE JOHN STEWART SURVEY, BEING A PORTION OF A CALLED 0.788 ACRE a ABSTRACT 735 IN TRAVIS COUNTY,TEXAS. TRACT DESCRIBED IN A DEED TO GREG THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.THIS SURVEY WAS ATWOOD,OF RECORD UNDER TRAVIS COUNTY LU PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT,THEREFORE THE CLERK'S DOCUMENT 2000034314 OF THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE OFFICIAL PUBLIC RECORDS OF TRAVIS o BEEN ADDRESSED HEREON.HOWEVER,THE SURVEYOR DOES NOT GUARANTEE COUNTYTEXAS o , THAT ALL EASEMENTS,RESTRICTIONS OR ENCUMBRANCES(EITHER OF o RECORD OR NOT OF RECORD)WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. O F (� o THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE ,�P••r-\STW��-� j TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,CENTRAL ZONE ACQUIRED GJ�Q� * <p ( > FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS,DISTANCES SHOWN ■■■■■■■■■■■■■■■■■■ HEREON ARE SURFACE VALUES. ARREN L.SIMPSO vOi * 4122 Qom: n �i *pp>css\d o = WARREN L.SIMPSON,RRL.S.4122 S uffo Rv� it ©COPYRIGHT AI,L RIGHTS RESERVED Isimpson@walkerpartners.com S N 0 30 60 120 a @walker Partners ? GRAPHIC SCALE IN FEET � C) 0 0 engineers * surveyors PIAT NO. Al-1372 PROJ.NO. 3-00619 DRAFTED 12/28/17 804 Las Cimas Pkwy.,Suite 150• Austin,Texas 78746 Phone:1-51238.5.Re•Registration o Registration No.8053 TAB NA FIN NO. 002 FB/PG 3-4F=48 DRAWN BY BM T.B.P.L.S.Registrafion No.10194317 n DWG.NAM3-00619ESMT-PARCEL 002- MAP CHK'D 12/28/17 a E ATTW00D.DWG B CRUA 016 EXHIBIT GREG ATTWOOD, TRUSTEE Awalker Partners engineers * surveyors 804 Las Cimas Pkwy.,Suite 150 Austin,Texas 78746 50 FOOT WIDE (1.249 ACRE) SUBSURFACE EASEMENT LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735 AND THE RUSK TRANSPORTATION COMPANY SURVEY,ABSTRACT 681 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 50 FOOT WIDE(1.249 ACRE)STRIP OF LAND LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735 AND THE RUSK TRANSPORTATION COMPANY SURVEY,ABSTRACT 681, IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 53.28 ACRE TRACT DESCRIBED IN EXHIBIT"A", IN A DEED TO GREG ATTWOOD,TRUSTEE,OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.) 1999034469 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.),OF WHICH IS A PORTION OF LOT 6, LAKE TRAVIS SUBDIVISION NO. 6, OF RECORD IN VOLUME 4, PAGE 157 OF THE PLAT RECORDS OF TRAVIS COUNTY,TEXAS. SAID 1.249 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD WITH CAP STAMPED"CS LTD"FOUND IN THE EAST LINE OF THE REMAINDER OF SAID 53.28 ACRE TRACT,MARKING THE NORTHWEST CORNER OF LOT 5, BLOCK A,GATE HOLLOW ESTATES ADDITION,OF RECORD IN T.C.C.D. 200600049 OF SAID O.P.R.T.C.T., BEING THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE S 08044'10" E—58.16'WITH THE EAST LINE OF THE REMAINDER OF SAID 53.28 ACRE TRACT AND THE WEST LINE OF SAID LOT 5,TO A POINT AT THE MOST NORTHERLY EAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD WITH CAP STAMPED"CS LTD"FOUND MARKING THE SOUTHWEST CORNER SAID LOT 5 BEARS S 08044'110"E—145.07'; THENCE THROUGH THE INTERIOR OF THE REMAINDER OF SAID 53.28 ACRE TRACT THE FOLLOWING THREE(3)CALLS: 1. S 50032'26"W—50.18'TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT, 2. AN ARC LENGTH OF 565.09'WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1175.00',A CENTRAL ANGLE OF 27033'19"AND A CHORD WHICH BEARS S 36045'47"W—559.66'TO THE END OF SAID CURVE, 3. S 22059'07"W—422.43,TO A POINT AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN A NORTH LINE OF A CALLED 4.526 ACRE TRACT DESCRIBED IN EXHIBIT"B" IN SAID DEED TO GREG ATTWOOD, TRUSTEE AND A SOUTH LINE OF THE REMAINDER OF SAID 53.28 ACRE TRACT, FROM WHICH A 1/2"IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE BEARS N 69047'15"E—127.94'; THENCE S 69047'15"W—68.59'WITH THE COMMON LINE BETWEEN SAID 4.526 ACRE TRACT AND THE REMAINDER OF SAID 53.28 ACRE TRACT TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE BEARS S 6904715"W—36.53'; www.WalkerPartners.com TBPE Registration No.8053 1 TBPLS Registration No. 10032500 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-16.docx THENCE THROUGH THE INTERIOR OF THE REMAINDER OF SAID 53.28 ACRE TRACT THE FOLLOWING THREE(3)CALLS: 1. N 22059'07" E-469.38'TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, 2. AN ARC LENGTH OF 589.'14'WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1225.00',A CENTRAL ANGLE OF 27033'19"AND A CHORD WHICH BEARS N 36045'47"E-583.48'TO THE END OF SAID CURVE, 3. N 50032'26" E-79.89', RETURNING TO THE POINT OF BEGINNING AND CONTAINING 1.249 ACRES OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L.SIMPSON,REGISTERED PROFESSIONAL LAND SURVEYOR,NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED:OCTOBER 11,2017 REL SED:JANUARY 18,2018 yam/ s TiEe* WARREN L.SIMPSON, R.P.L.S.4e22— ,;; ,�.;;. �;(P WARREN L.SIMPSON PROJ NO. 3-00619 ":"""""""' PLAT NO.Al-1374 ` A'p f- FIELD NOTE NO. 16 -YoS MAP CHECKED: 1/9/2018-JBM UR www.WalkerPartners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-16.docx BCRUA 016 GREG ATTWOOD,TRUSTEE LOT 8 GATE HOLLOW / \ ESTATES ADDDITION T.C.C.D.200600049 LOT 7 O.P.R.T.C.T. 1/2'IRON ROD FOUNDWITHCAP STAMPED'G+R SURVEYING" LOT 6,BLOCK"A' GATE HOLLOW STA` ����✓��y�i N T.C.C.D.D0060ES 00 049 `t �� �yf ✓ FIELD NOTE 3 O.P.R.T.C.T. < v V4 �JJ�y �y j✓ POINT OF BEGINNING 1n'IRON ROD ✓ GRID COORDINATES m FOUND WITH CAP N:101378B1.12'E3057758.31' s STAMPED'CSLTD� 1.249 ACRE �.t + SUBSURFACE ^ LOT 5,BLOCK'A" D+27°33'98" EASEMENT3 GREG ATTWOOD,TRUSTEE R=9225.00' N GATE HOLLOW �. ESTATES ADDITION REMAINDER OF L=588.14' �, T.C.C.D.200600049 CALLED 53.28 ACRES CHD-583.48' ? O.P.R.T.C.T. EXHIBIT"A" N 38°45'4T'E J / 1/2'IRONROD o 3 T.C.C.D.1999034469 FOUND WITH Jar t O.P.R.T.C.T. CAP STAMPED LOT 4,BLOCK"A' GREGORY A.ATTWOOD �4/J 'CS LTD' GATE HOLLOW CALLED 10.1 ACRES r�11 Da27°33'19" PARCELI r�+J��y`7/�,�✓CJI%' ESTATES ADDITION T.C.C.D.2000159277 �/' J'/• R=9175.00' T.C.C.D,200600049 O.P.R.T.C.T. yJ��J fJJ�✓ CHD*559.68 O.P.R.T.C.� LINE TABLE r4 1e 8 36045'47'W LINE DIRECTION LENGTH GREG ATTWOOD,TRUSTEE LOT 3,BLOCK"A' L-1 5 080 44'10"E 58.16' REMAINDER OF GATE HOLLOW R CALLED 53.28 ACRES ESTATES ADDITION L-2 S 50°32'26'W 50.18' EXHIBIT"A" T7 L-3 S 69°47'15"W 68.59' �` .C.C.D.2 .C.T.49 L-4 N 50°32'26"E 79.89' �6 ,f O.P.R.T.C.T. "y-o O.P.R.T.C.T. Q L-5 S 08°44'10"E 145.07' 06� APPROXIMATE L-6 S 690 47'15"W 36.53' s LOCATION OF L-7 N 69-47'15"E 127.94' 715 CONTOUR :Sr 10 LOT 2,BLOCK'A' o L-6 L_741i GATE HOLLOW / E L-3 ` 4$, ESTATES ADDITION / (S 71°07'30"E 233.00') L.C.R.A.INUNDATION EASEMENT T.C.C.D.200600049 0- LEGEND (715 CONTOUR AND BELOW) O.P.R.T.C. VOLUME 650,PAGE 173 op • =12'IRON ROD FOUND D.R.T.C.T. (UNLESS OTHERWISE NOTED) LOT 1,BLOCK'A' co ( ) =DEED CALLS GREG ATTWOOD,TRUSTEE / GATE HOLLOW / o CALLED 4.526 ACRES-EXHIBIT"B' N [ ] =ADJOINER DEED CALLS T.C.C.D.1999034469 ESTATES ADDITION T.C.C.D.200600049 P.R.T.C.T. =PLAT RECORDS TRAVIS O.P.R.T.C.T. O.P.R.T.C.T. COUNTY,TEXAS _ F T.C.C.D. =TRAVIS COUNTY U CLERK'S DOCUMENT f O D.R.T.C.T. =DEED RECORDS z TRAVIS COUNTY,TEXAS EXHIBIT Lq O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS X TRAVIS COUNTY,TEXAS OF A 50 FOOT WIDE(1-249 ACRE)SUBSURFACE EASEMENT co L.C.R.A. =LOWER COLORADO RIVER AUTHORITY LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735 AND o THE RUSK TRANSPORTATION COMPANY SURVEY,ABSTRACT 681 =EASEMENT AREA IN TRAVIS COUNTY,TEXAS,BEING A PORTION OF THE o REMAINDER OF A CALLED 53.28 ACRE TRACT DESCRIBED IN SURVEYOR'S NOTES: EXHIBIT'A',IN A DEED TO GREG ATTWOOD,TRUSTEE,OF a RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT 1999034469 OF SURVEYED:OCTOBER 11,2017 THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS,OF o WHICH IS A PORTION OF LOT 6,LAKE TRAVIS SUBDIVISION NO. RELEASE DATE:JANUARY 18,2016 Uj 6,OF RECORD IN VOLUME 4,PAGE 157 OF THE PLAT RECORDS u FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND TITLED: OF TRAVIS COUNTY TEXAS. oQ 50'FOOT WIDE(1.249 ACRE)SUBSURFACE EASEMENT LOCATED IN THE U) JOHN STEWART SURVEY,ABSTRACT 735 AND THE RUSK rn TRANSPORTATION COMPANY SURVEY,ABSTRACT 681 IN TRAVIS LO COU NTY,TEXAS. o SOF T M THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.THIS SURVEY ��.•..•■�F o WAS PERFORMED WITHOUT THE BENEFIT OFA TITLE REPORT, 'XPi•G�STFR i�"9 U THEREFORE THE SURVEYOR CERTIFIES THAT EASEMENTS THAT HE HAS �i Q� �� N o BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON.HOWEVER,THE ' " lq SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS,RESTRICTIONS ARREN L.SIMPSO ■■■■■■■■■■■u■■■■■ OR ENCUMBRANCES(EITHER OF RECORD OR NOT OF RECORD)WHICH •� 4122 MAY AFFECT THE SUBJECT TRACT ARE SHOWN HEREON. •�DF Obi•O� N THE BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON S u Rv� THE TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83,CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS, DISTANCES SHOWN HEREON ARE SURFACE VALUES. WARREN L.SIMPSON,R.P.L.S.4122 0 ©COPYRIGIIT ALL RIGI ITS RESERVED Isimpson@walkerpartners.com Z g N W 0 100 200 400 Ln a ker PutnersGRAPHIC SCALI:IN FEET � 0 engineers * surveyors M PLAT NO. Al-1374 PROJ.NO. 3-00619 DRAFTED Ol 09 18 n 804 Las Cimas Pkwy.,Suite 150• Austin,Texas 78746 Phone:1-512-382.0021•T.B.P.E.Registration No.8053 TAB NA F/N NO. 016 FB/PG 3-4/28 DRAXVN BY IBM Uj T.B.P.L.S.Registration No.10194317 DWG.NAME 3-00619ESKT-PARCEL 016- MAP CIIK'D 01/09/18 a ATTWOOD.DWG BCRUA 106 EXHIBIT 111)" GREG ATTWOOD, TRUSTEE EXHIBIT 9LA2),Walker Partners engineers * surveyors 804 Las Cimas Pkwy.,Suite 150 Austin,Texas 78746 50 FOOT WIDE (0.494 ACRE) SUBSURFACE EASEMENT LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735 IN TRAVIS COUNTY,TEXAS FIELD NOTES FOR A 50 FOOT WIDE(0.494 ACRE)STRIP OF LAND LOCATED IN THE JOHN STEWART SURVEY,ABSTRACT 735, IN TRAVIS COUNTY,TEXAS, BEING A PORTION OF A CALLED 4.526 ACRE TRACT DESCRIBED IN EXHIBIT"B", IN A DEED TO GREG ATTWOOD,TRUSTEE,OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT(T.C.C.D.) 1999034469 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,TEXAS(O.P.R.T.C.T.). SAID 0.494 ACRE EASEMENT BEING MORE PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING A POINT IN THE SOUTH LINE OF SAID 4.526 ACRE TRACT AND THE NORTH LINE OF A CALLED 1.43 ACRE TRACT DESCRIBED IN EXHIBIT"C", IN SAID DEED TO GREG ATTWOOD,TRUSTEE,AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2" IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID 4.526 ACRE TRACT BEARS N 61033'54"W—71.21'; THENCE THROUGH THE INTERIOR OF SAID 4.526 ACRE TRACT THE FOLLOWING THREE(3)CALLS: 1. N 27035'05" E—66.25'TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT, 2. AN ARC LENGTH OF 94.32'WITH SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1175.00',A CENTRAL ANGLE OF 04035'58"AND A CHORD WHICH BEARS N 25017'06"E—94.30'TO A POINT AT THE END OF SAID CURVE, 3. N 22059'07" E—244.31', TO A POINT AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, IN A NORTH LINE OF SAID 4.526 ACRE TRACT AND A SOUTH LINE OF THE REMAINDER OF A CALLED 53.28 ACRE TRACT DESCRIBED IN EXHIBIT"A", IN SAID DEED TO GREG ATTWOOD,TRUSTEE, FROM WHICH A 1/2"IRON ROD FOUND MARKING AN ANGLE POINT IN THE NORTH LINE OF SAID 4.526 ACRE TRACT BEARS S 6947'15"W—36.53'; THENCE N 69047'15" E—68.59'WITH THE COMMON LINE BETWEEN SAID 4.526 ACRE TRACT AND THE REMAINDER OF SAID 53.28 ACRE TRACT TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 1/2"IRON ROD FOUND MARKING AN ANGLE POINT IN THE NORTH LINE OF THE 4.526 ACRE TRACT BEARS N 69047"15"E—127.94'; THENCE THROUGH SAID 4.526 ACRE TRACT THE FOLLOWING THREE(3)CALLS: 1. S 22059'07"W—291.26'TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT, 2. AN ARC LENGTH OF 98.34'WITH SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1225.00',A CENTRAL ANGLE OF 04035'58"AND A CHORD WHICH BEARS S 25017'06"W—98.31'TO A POINT AT THE END OF SAID CURVE, 3. S 27035'05"W—67.00'TO A POINT IN THE COMMON LINE BETWEEN SAID 4.526 ACRE TRACT AND SAID 1.43 ACRE TRACT,AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH THE SOUTHEAST CORNER OF SAID 4.526 ACRE TRACT BEARS S 61033'54"E—0.61'AND FROM SAID SOUTHEAST CORNER A 1/2"IRON ROD FOUND AT THE NORTH CORNER OF A CALLED 1.648 ACRE TRACT DESCRIBED IN A DEED TO DAVID L. BOTTOM,OF RECORD IN T.C.C.D. 1999006488 OF THE O.P.R.T.C.T. BEARS N 27027'30"E—109.83'AND N 23008'42" E—159.40'; www.WalkerPartners.com TBPE Registration No.8053 TBPLS Registration No. 10194317 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-106.docx THENCE N 6103354"W-50.01'WITH THE COMMON LINE BETWEEN SAID 4.526 ACRE TRACT AND SAID 1.43 ACRE TRACT, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 0.494 ACRE OF LAND. THIS DESCRIPTION IS BASED ON THE ATTACHED EXHIBIT DRAWING MADE BY WARREN L.SIMPSON,REGISTERED PROFESSIONAL LAND SURVEYOR, NO.4122. BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM,NAD 83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN HEREIN ARE SURFACE VALUES. SURVEYED: NOVEMBER 8,2017 RELEASED:JANUARY 18,2018 SOF T 5 T •"9 WARREN L.SIMPSON WARREN L. SIMPSON,R.P.L.S.4122 ■•••■■••■■•■■•■■■■ 4122 PROJ NO. 3-00619 O�FfiSS�a�;'y0 PLAT NO.Al-1373 S U m FIELD NOTE NO. 106 MAP CHECKED:01/09/2018-JBM www.WalkerPartners.com 2 G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Notes\FN-106.docx BCRUA 106 GREG ATTWOOD,TRUSTEE LEGEND • =1/2'IRON ROD FOUND (UNLESS OTHERWISE NOTED) ( ) =DEED CALLS P.R.T.C.T. =PLAT RECORDS TRAVIS COUNTY,TEXAS T.C.C.D. =TRAVIS COUNTY CLERK'S DOCUMENT D.R.T.C.T. =DEED RECORDS rC TRAVIS COUNTY,TEXAS O.P.R.T.C.T. =OFFICIAL PUBLIC RECORDS GREGORY A.ATTWOOD TRAVIS COUNTY,TEXAS CALLED 10.1 ACRES L.C.R.A. =LOWER COLORADO PARCEL 1 RIVER AUTHORITYT.C.C.D.2000159277 FIELD NOTE O.P.R.T.C.T. =EASEMENTAREA POINT OF BEGINNING GRID COORDINATES N:10136562.08'E:3056997.86' ^3 GREG ATTWOOD,TRUSTEE GREG ATTWOOD,TRUSTEE N GREG ATTWOOD,TRUSTEE REMAINDER OF CALLED 1.43 ACRES �o CALLED 4.526 ACRES-EXHIBIT"B" CALLED 53.28 ACRES EXHIBIT'C' T.C.C.D.1999034469 EXHIBIT'A' lT.C.C.D.1999034 469 T.C.C.D.1999034469 Z O.P.R.T.C.T. N�,e59'�7"E 244.51' O.P.R.T.C.T. O.P.R.T.C.T. 0.494 ACRE <<, ? �+ SUBSURFACE EASEMENT L-O L-6 N 7'7'0"E 109.83 F2 N 23'08'42"E 159.40' S 22'59'07"W 291.26' 28°51'00"E 109.23') (N 24.32'12"E 158,53') GREG ATTWOOD,TRUSTEE ��aF o CALLED 4.526 ACRES DAVID L.BOTTOM V�; GREG ATTWOOD,TRUSTEE CALLED 1.648 ACRES ^9 EXHIBIT"B" CALLED 0.37 ACRES T.C.C.D.1999006488 w w T.C.C.D.1999034469 0 EXHIBIT -EASEMENTTRACT O.P.R.T.C.T, O.P.R.T.C.T. T.C.C.D.1999034469 E O.P.R.T.C.T. } L.C.R.A.INUNDATION EASEMENT c ao VOLUME 609,PAGE 211 I D.R.T.C.T. E a v v Ln - N O .--) � O N c co LINE TABLE LINE DIRECTION LENGTH uj L-1 N 27'35'05'E 66.25' U L-2 N 69'47'15'E 68.59' z L-3 S 27"35'05"W 67.00' L-4 N 61'33'54'W 50.01' CURVE TABLE L-5 S 69"47'15'W 36.53' CURVE LENGTH RADIUS DELTA CHORD o; L-6 S 61"33'54'E 0.61' C-1 94.32' 1175.00' 4°35'58' N 25"17'06'E-94.30' C-2 98.34' 1225.00' 1 4°35'58' S 25-17-06-W-98.31- SURVEYOR'S 5"17'06'W-98.31'SURVEYOR'S NOTES: o O O SURVEYED:SEPTEMBER 27,2017 EXHIBIT RELEASE DATE:JANUARY 18,2018 Q OF A 50 FOOT WIDE(0.494 ACRE)SUBSURFACE FIELD NOTES ATTACHED HERETO,MADE A PART HEREOF AND EASEMENT LOCATED IN THE JOHN STEWART SURVEY, o TITLED: ABSTRACT 735 IN TRAVIS COUNTY,TEXAS,BEING A Lu 50'WIDE(0.494 ACRE)SUBSURFACE EASEMENT LOCATED IN PORTION OF A CALLED 4826 ACRE TRACT DESCRIBED THE JOHN STEWART SURVEY,ABSTRACT 735 IN TRAVIS IN EXHIBIT'B',IN A DEED TO GREG ATTWOOD, a COUNTY,TEXAS. TRUSTEE,OF RECORD UNDER TRAVIS COUNTY CLERK'S DOCUMENT 1999034469 OF THE OFFICIAL PUBLIC w THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT.THIS RECORDS OF TRAVIS COUNTY,TEXAS O) SURVEY WAS PERFORMED WITHOUT THE BENEFIT OFA TITLE o REPORT,THEREFORE THE SURVEYOR CERTIFIES THAT o EASEMENTS THAT HE HAS BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON.HOWEVER,THE SURVEYOR DOES NOT GUARANTEE THAT ALL EASEMENTS,RESTRICTIONS OR T ENCUMBRANCES(EITHER OF RECORD OR NOT OF RECORD) �G F 4 WHICH MAY AFFECT THE SUBJECT TRACT ARE SHOWN \S HEREON. HEREON. CiJ��� *RFS N ■■■■■■■■■d■m■■:■■■ 2' THE BEARINGS AND COORDINATES SHOWN HEREON ARE ARREN L.SIMPSO Ln BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, ■■a d m o••■•■■m m■■■ NAD 83,CENTRAL ZONE ACQUIRED FROM GLOBAL 9��D 4122 O� POSITIONING SYSTEM OBSERVATIONS.DISTANCES SHOWN 2O'�FESS10•'� _ HEREON ARE SURFACE VALUES. . S.uw WARREN L.SIMPSON,R.P.L.S.4122 0 Isimpson@walkerpartners.com Z ©COPYRIGI IT ALL RIGHTS IU,SERVED g N 0 50 100 200 a a ker Partners GRAPHIC SCALE IN FEET LO0 0 engineers e1 surveyors PLAT NO. Al-1373 PROJ.NO. 3-00619 DRAFTED 01/09/18. L 804 Las Cimas Pkwy.,Suite 150• Austin,Texas 78746 Phone:1.512-382-0021•T.B.P.E.Registration No.8053 TAB NA FAN NO. 106 FB/PG 3-4 19 DRAWN BY T M T.B.P.L.S.Registration No.10194317 0 DWG.NANIr 3-OM19ESW-PARCEL 106- NIAP CIECD 01/09/18 a ATTWOOD.DWG EXHIBIT "E" Brushy Creek Monitory Well No. 2 Easement Regional Utility Authority Rusk Transportation Survey Abstract No.81 METES & BOUNDS DESCRIPTION OF A TRACT CONTAINING 25 SQUARE FEET OF LAND LOCATED IN THE RUSK TRANSPORTATION SURVEY,ABSTRACT No. 81, TRAVIS COUNTY, TEXAS, AND BEING OUT OF THE REMAINDER OF LOT 6, LAKE TRAVIS SUBDIVISION No.6 RECORDED IN VOLUME 4,PAGE 157 OF THE TRAVIS COUNTY PLAT RECORDS (T.C.P.R.). SAID 25 SQUARE FOOT TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2-inch iron rod found(with plastic cap stamped"CS LTD") (N=10,138,998.24; E=3,058,186.73) marking the northwesterly corner of said Lot 4, Block "A", Gate Hollow Estates Addition as recorded under C.F.No. 200600049 of the Official Records of Travis County,Texas; THENCE, S 84051'01" W. a distance of 321.21 feet to a calculated marking the POINT OF BEGINNING and northeasterly corner of the herein described tract (N=10,138,969.40; E=3,057,866.81), from which a 1/2-inch iron rod found marking the southwesterly corner of said Lot 4, Block"A",Gate Hollow Estates Addition bears S 60009'23"E,409.84 feet; THENCE, South,a distance of 5.00 feet to a calculated point marking the southeasterly corner of the herein described tract; THENCE,West,a distance of 5.00 feet to a calculated point marking the southwesterly corner of the herein described tract; THENCE,North,a distance of 5.00 feet to a calculated point marking the southwesterly corner of the herein described tract; THENCE, East, a distance of 5.00 feet to the POINT OF BEGINNING of the herein described tract containing 25 Square Feet of land,more or less. IV. Lei2- ::--� l� /Z D.Webber,Jr.,RPL Date Texas Registration No.4552 aF Project Manager/Senior Staff 't +.�••�. Surveying And Mapping,LLC(SAM) a tion�� YurM•r.e..{IHky♦NAY{w••r.♦s.u� JOE 0%WE1:360`1N JIB. N�{1-J{r•u�•i1 W.N.inn..AV{.IN4. • 000, N 1015035187 Monitor Well No.2-Easement Page 1 of 2 25 SQUARE FOOT EASEMENT RUSK TRANSPORTATION SURVEY ABSTRACT NO. 81 TRAVIS COUNTY, TEXAS LEGEND • 1/2" CAPPED IRON ROD FOUND "CS LTD" CALCULATED POINT 0 20' 40' P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT GRAPHIC SCALE 1 1 i 1 REMAINDER OF LOT 6 N=10138998.24 1 DoT S LAKE TRAVIS SUBDIVISION No. 6 E=3058186.73 VOL. 4, PG. 157 N=10138969.40 P.R.T.C.TX. 0 9 E=3057866.81 P.O.C. a x ,) 321.21' 13 58451'01"W o� L4 P.O.B. x C7 N L3 L 1 �y= .L2 1 o v 1p�, v_ � o MONITORING WELL No. 2 z L1 SOUTH 5.00' L2 WEST 5.00 L3 NORTH 5.00' 1 L4 EAST ssoo9, 1 !09 � 1 1 i i 1 1 REVIEWED BY: B NUMBER: 14 DATE: —t 1-1 1,9 4801 Southwest Parkway PROJECT: BRUSHY CREEK REGIONAL UTILITY AUTHORITY SURVEY :J.SCALEO " DER Building Two. Sults 100 $DRAW1NG:351A7_ IAN• Austin Texas, 78735 SHEET 2 Ofc: 512.447.0575 W Fax: 512.326.3029 OF 2 SURVEYING•AERIAL MAPPING•ENGINEERING small: fnfoOsom.biz K Texas Firm Registration No. 10064300 PATH:\\SAMINC\AUS\PROJECTS\1014035187\100\SURVEY\06PLATS\35187 EASEMENTS.DWG EXHIBIT 11 " SUBSURFACE RAW WATER LINE EASEMENT BCRUA Phase II Intake Tunnel STATE OF TEXAS § COUNTY OF TRAVIS § DATE: , 2019 GRANTOR: Greg Attwood, Individually and as Trustee, and Kimberly Attwood GRANTOR'S MAILING ADDRESS: 8015 Sharon Road Volente, Texas 78641 Travis County GRANTEE: City of Round Rock, a Texas home rule city GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock, TX 78664 Williamson County CONSIDERATION:Ten dollars ($10.00) and other valuable consideration,the receipt and sufficiency of which is hereby acknowledged. Easement Property: that certain tract of land consisting of 2.149 acres, more or less, out of the John Stewart Survey, Abstract 735, and the Rusk Transportation Company Survey, Abstract 681, in Travis County, Texas, more particularly described by metes and bounds and sketch in Exhibits "A-D", attached hereto and incorporated herein for all purposes (the "Easement Property"); and SUBSURFACE EASEMENT GRANT: Grantor,for the consideration paid to Grantor by Grantee,hereby grants, sells,and conveys to Grantee a permanent and exclusive subsurface easement under the Easement Property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold to Grantee and Grantee's successors and assigns forever. The subsurface easement, rights, and privileges herein granted shall be used for the purposes of boring,constructing,placing,operating, maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting, cleaning, changing, modifying, or repairing subsurface raw water intake facilities, including but not limited to bored tunnels, liners,pipelines, and any other necessary or desirable appurtenances thereto; provided, however, that Grantee's rights in the Easement Property shall be limited solely to that part of the subsurface lying at or below 550' msl. Grantee also acknowledges that it shall be responsible for the reasonable market value of repairing or paying to repair any damage or subsidence caused to the surface of Grantor's property, including but not limited to Grantor's residential improvements constructed thereon, which are directly and proximately caused by the construction or installation of Grantee's subsurface raw water intake facilities contemplated herein, or other uses of the Easement Property which are outside of the rights conveyed herein. Parcel No. 1,2,16,106 1. In no event shall Grantee have the right to use the surface of the Easement Property for drilling, boring, excavation, or any other use, and Grantee shall not place or construct any above- ground facilities or appurtenances whatsoever upon the surface of the Easement Property. RIGHTS AND RESERVATIONS OF GRANTOR: Grantor shall retain all existing rights to use the surface of the Easement Property for any and all purposes which do not endanger or unreasonably interfere with the rights of Grantee, including without limitation the right to place buildings or other permanent structures on the surface of the Permanent Easement. Construction or installation of subsurface well facilities of any kind within the Easement Property is specifically prohibited. Grantor expressly reserves all water, oil, gas, and other minerals owned by Grantor, in, on, and under the Easement Property,provided that Grantor shall not be permitted to drill or excavate for water,oil,gas and minerals from the surface of the Easement Property,but Grantor may extract water, oil, gas, or other minerals from and under the Easement Property by directional drilling originated outside of the Easement Property, or other means which do not unreasonably interfere with or disturb the rights granted to Grantee herein. EXCLUSIVITY: Grantee's easement rights within the subsurface of the Easement Property (at or below 550' msl for the Easement Property) shall be exclusive. SUCCESSORS AND ASSIGNS; TERMINATION: This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon Grantee and Grantor, and their heirs, successors, and assigns. WARRANTY: Subject to existing matters of record affecting the Easement Property, Grantor warrants and shall forever defend this Subsurface Easement to Grantee against anyone lawfully claiming or to claim the Permanent Easement or any part thereof when the claim is by, through or under Grantor, but not otherwise. Grantor makes no representation or warranty to Grantee with respect to the condition of the easement property, whether express, statutory, implied or otherwise, and Grantor expressly disclaims any implied warranty that such easement property is or will be suitable for Grantee's intended purposes. When the context requires, singular nouns and pronouns include the plural. When appropriate, the terms "Grantee" and "Grantor" include their respective employees, agents, subsidiaries, officers, servants, contractors, successors and assigns. Parcel No. 1,2,16,106 2. GRANTOR: Greg Attwood, Individually and as Trustee ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this day of , 2019, by Greg Attwood, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas Parcel No. 1,2,16,106 3. GRANTOR: Kimberly Attwood ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on this day of , 2019, by Greg Attwood, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas After recording return to: Cobb, Fendley &Associates, Inc. /Right of Way Department 505 E. Huntland Drive, Suite 100 Austin, TX 78752 Parcel No. 1,2,16,106 4. GRANTOR: GREGORY A. ATTWOOD, Individually and as Trustee ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20 , by Gregory A. Attwood, Individually and as Trustee, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas 5. GRANTOR: KIMBERLY ATTWOOD ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20 , by Kimberly Attwood, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas 6. ACCEPTED AND AGREED BY GRANTEE: City of Round Rock, Texas, on behalf of the Brushy Creek Regional Utility Authority (BCRUA) By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20 , by ,the of City of Round Rock, Texas, on behalf of the Brushy Creek Regional Utility Authority (BCRUA). Notary Public, State of Texas AFTER RECORDING RETURN TO: Cobb, Fendley & Associates, Inc. Right of Way Department 505 E. Huntland Dr., Suite 100 Austin, TX 78752 7. EXHIBIT "G" TEMPORARY MONITORING WELL EASEMENT STATE OF TEXAS § COUNTY OF TRAVIS § Date: 520 Grantor: GREGORY A. ATTWOOD, Individually and as Trustee, and KIMBERLY ATTWOOD Grantor's Mailing Address: 8015 SHARON DR. LEANDER, TEXAS 78641, TRAVIS COUNTY Grantee/Holder: CITY OF ROUND ROCK, a Texas home rule city Grantee's Mailing Address: 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 Easement Property: All that certain tract,piece or parcel of land, lying and being situated in the County of Travis, State of Texas,described with particularity by metes and bounds in Exhibit"A," attached hereto and made a part hereof for all purposes. Easement Purpose: For the maintenance, operation of and access to a single (one only) monitoring well which has previously been installed by Grantee on the Easement Property, hereinafter referred to as the "Well." Consideration: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Reservations from Conveyance: NONE Exceptions to Warranty: This conveyance is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, and liens, if any, relating to the Easement Property, to the extent, that the same may still be in force and effect, and either shown of record in the office of the County Clerk of Travis County, Texas, or that may be apparent on the Easement Property. Grant of Easement: Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Warranty,grants,sells,and conveys to Grantee and Grantee's heirs, successors, and assigns an easement over, on, and across the Easement Property for the Well, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns during the term hereof. Grantor binds Grantor and Grantor's heirs, 00437787.DOCX successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement, except as to the Reservations from Conveyance and Exceptions to Warranty to the extent that such claim arises by, through or under Grantor but not otherwise. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefitted Property."Nevertheless,the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are exclusive and irrevocable, except as herein provided. 2. Duration of easement. Unless extended by agreement of the parties, the Easement shall terminate and be of no further force and effect on the earlier of (1) the completion and acceptance of the construction and installation of the BCRUA Phase 2 Raw Water Delivery System Project, or (3) January 1, 2030. Upon termination of the Easement, Holder shall at its sole cost within ninety (90) days of such termination perform all actions required to abandon the Well in accordance with the standards and regulations set by the Texas Commission on Environmental Quality, or its successor, then in effect, and shall remove any surface improvements and restore the surface to a naturally vegetated condition. 3. Access to Easement Pr'oper'ty. Upon 24 hours prior notice by phone or e-mail as provided to Grantor pursuant to the Notices provision contained herein, or at other time agreed to between the parties, Grantor will allow access to the wellhead by licensed professionals acting as agents of Buyer for the purpose of measuring water level or water quality according to standard procedures and practices. Access to the well for water level and water quality measurements will occur not more than once per month for routine maintenance and inspection. As part of this easement grant,Holder shall have the reasonable right of access as depicted in Exhibit B attached hereto. Holder may deviate slightly from the route depicted on Exhibit B if needed for access to the Well. Within 30 days after execution of this Easement Grantor shall at Holder's sole cost and expense (a) install a gate where the access route intersects with Sharon Road, and (b) provide any clearing necessary for reasonably passable passenger vehicle access along the route depicted on Exhibit B. Grantor shall have the absolute right of access to the access route depicted in Exhibit B through any gate installed by Holder or otherwise and Grantor may place Grantor's own lock on the gate using the interlocking or other similar method to ensure Holder maintains access as well. Grantor shall have the right to subsequently improve the gate/entrance where the access route intersects at Sharon Road at Grantor's sole cost and expense provided Grantor allows Holder reasonable access at all times. Such access shall specifically be limited to direct ingress and egress to and from the Easement Property, and according to the following locations, methods, and restrictions: (a) By using only existing access roads and lanes on the property of Grantor which provide the most direct route to access the Easement Property as depicted in Exhibit B,and which otherwise limit any impact to or crossing of other portions of Grantor's remaining property. 2. (b) In accessing the Easement Property Grantee, its contractors or agents shall not vary from the most direct method or path of available ingress or egress, or otherwise cross or use portions of Grantee's remaining property outside of such path or purpose for any reason. (c) Grantee shall provide reasonable advance notice to Grantor of its intent to provide non-routine maintenance or monitoring of the Well. (d) If after the date of this easement any portion of the remaining property of Grantor becomes part of a legally approved and recorded subdivision, Grantee agrees to provide reasonable cooperation to partially release from the terms of the easement any portions of the platted lots which are reasonably determined to be unnecessary for continued access to the Easement Property as set out herein. 4. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property and the Well will be at the sole expense of Holder. Holder has the right, following thirty (30) days' notice and opportunity to cure, to eliminate any encroachments into the Easement Property. Holder has the right to construct, install,maintain, and cap the Well within the Easement Property, as well as to install, maintain, replace, and remove devices necessary to utilize the Well for the stated purpose. All matters concerning the Well and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this Easement, however, Holder shall specifically be prohibited from the construction of any additional above grade improvements at the Well site which were not existing as part of the of initial well facility installation, without prior approval from Grantor. 5. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement;provided, however,that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 6. Indemnity. Grantee shall, to the fullest extent allowed by law, indemnify Grantor, its successors and assigns, from any and all liability of any nature which may arise as a result of the prior installation or construction, and the operation and maintenance, by Grantee of the Well. 7. Binding Effect. This Easement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. Grantee may not assign a portion of the rights granted under this Easement unless it assigns all of its rights under this Easement. This Easement and the rights granted hereunder, may only be assigned by Grantee to another public entity which operates, or plans to operate, a water tunnel or water supply system which acquires, or plans to acquire, an easement for such purpose across the Property. Grantee shall notify Grantor at least thirty (30) days in advance of any proposed assignment of this Easement and such notice shall include an address and contact information for a representative of such assignee. 3. 8. Choice of Law. This Easement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is agreed to be in Travis County, Texas for all purposes. 9. Counterparts. This Easement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 10. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this Easement does not preclude pursuit of other remedies in this agreement or provided by law. 11. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms,provisions,and conditions of this Easement and all transactions contemplated by this Easement. 12. Integration. This Easement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this Easement. 13. Legal Construction. If any provision in this Easement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this Easement will be construed as if the unenforceable provision had never been a part of the Easement. Whenever context requires,the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this Easement are for reference only and are not intended to restrict or define the text of any section. This Easement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 14. Notices. Any notice required or permitted hereunder must be in writing and any notice required will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service,postage prepaid, certified snail,return receipt requested, and addressed to the intended recipient at the address shown herein. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 15. Recitals. Any recitals in this Easement are represented by the parties to be accurate, and constitute a part of the substantive agreement. EXECUTED THIS DAY OF , 20 [signature pages follow] 4. GRANTOR: GREGORY A. ATTWOOD, Individually and as Trustee ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20 , by Gregory A. Attwood, Individually and as Trustee, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas 5. GRANTOR: KIMBERLY ATTWOOD ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20 , by Kimberly Attwood, in the capacity and for the purposes and consideration recited herein. Notary Public, State of Texas 6. ACCEPTED AND AGREED BY GRANTEE: City of Round Rock, Texas, on behalf of the Brushy Creek Regional Utility Authority (BCRUA) By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20 , by , the of City of Round Rock, Texas, on behalf of the Brushy Creek Regional Utility Authority (BCRUA). Notary Public, State of Texas AFTER RECORDING RETURN TO: Cobb, Fendley &Associates, Inc. Right of Way Department 505 E. Huntland Dr., Suite 100 Austin, TX 78752 7. GREG ATTWOOD CALLED 0.183 ACR LOT 50&51 SAND SHORES ADDITION Ifj T,C.C.D.2006055347 Sf-IAR `J O.P.R.T.C.T. W � s � PR. EN TO BE INSTALLED BY GRANTOR PR. ACCESS ROUTE TO PROPER T NE N MONITORING WELL ,clol TI US ROPER Ll TO I GREG ATTWOOD,TRUSTEE G GORY A.ATTWOOD AND C 3.28 A KIMBERLY D.ATTWOOD AND PORTIONS OF LOTS 6,7,8,9,&10 CALLED 10.1 ACRES IVISION N0,6 PORTIONS OF LOT 6&10 / WW INCOMPLETE DES F 53.2 RES LAKE TRAVIS SUBDIVISION NO.6 EXHIBIT A T.C.C.D.2002140712 99034469 O,P.R.T.C.T. . 19O.P.R.. .. I SEE VOLUME 11586,PA 23, . . .T.C.T,FOR CQMPLETE DESCRIPTION PROPERTY LINE ' NITORIN UBS o FAC E UNNEL EASEME a _ — X ATTWOOD PROPERTY ACCES S SCALE: 1"= 120' CLIENT NAME: BCRUA PROJECT NAME: PHASE 2 RAW WATER DELIVERY SYSTEM . Partners PROJECT NUMBER: 3-00619 Al DATE: 12/13/19 engineers Per �,RegIs7 atlos u r v e y o r s.8053 REVISION: 00 EXHIBIT "B"