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R-2020-0047 - 2/27/2020 RESOLUTION NO. R-2020-0047 WHEREAS, Alice E. Quick, lA.,C, 'fllE' BOUND, I.J.,C, QQQ f,&I,, f.,LC, David E. Quick, LLC, and Edward D. Quick, as 'Trustee of Ttlf? QtJlCK LIVING TRIJST (collectively the "Developer") has recently conveyed 26.10 acres to Milestone Builders (the "Milestone Development"); and WHEREAS, the Developer continues to own approximately 61.78 acres in eight separate tracts (the "Quick Development"); and WHEREAS, the City of Round Rock ("C.ity") and Developer desire to enter into an Agreement to provide Im the conveyance to the City of two tracts of land within the Quick Development as satisfaction of`City parkland dedication requirements, Now'(Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the attached Development Agreement, a copy of same being attached licreto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Giovernment Code, as amended. RESOLVED this 27th day ofFebruary, 2020. CRA16 OkGi Mayor '1 0 �t, r City ck, Texas ATTES'l': 4ukLe. Ot� 0112.20202;110439673 EXHIBIT "A" DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ROUND ROCK,TEXAS AND THE OWNERS OF QUICK FARM This Development Agreement("Agreement") is made by and between the City of Round Rock,Texas,a Texas political subdivision(the "City")and Alice E. Quick,LLC,a Texas Series Limited Liability Company; THE BOUND, LLC, a Texas Limited Liability Company; QQQ L&L, LLC, a Texas Limited Liability Company; David E. Quick, LLC, a Texas Limited Liability Company; and Edward D. Quick, as Trustee of THE QUICK LIVING TRUST, dated April 5,2016(collectively the "Developer"). RECITALS: WHEREAS, the Developer has recently conveyed 26.10 acres, as shown on Exhibit"A",to Milestone Builders(the"Milestone Development'), and WHEREAS, the Developer continues to own approximately 61.78 acres in eight separate tracts,all also as shown on Exhibit"A"(the"Quick Development'); and WHEREAS, the City and the Developer desire to enter into this Agreement to provide for the conveyance to the City of two tracts of land within the Quick Development, which shall satisfy City parkland dedication requirements for both the Milestone Development and the Quick Development save and except the 26.54 acres within the Quick Development designated as an inundation easement on Exhibit"A"("Lake Tract"), and WHEREAS, the City and the Developer desire to set forth in this Agreement the terms and conditions to be made by the Developer, its successors and assigns,and the City. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: ARTICLE I PURPOSE AND INTERPRETATION Obiectives. The City and the Developer desire to cooperate by granting parkland dedication requirement credits to the Quick Development and the Milestone Development as consideration for the Developer conveying two tracts of land,as described herein, in fee simple to the City. Page 1 of 11 ARTICLE II DEVELOPER OBLIGATIONS A. General Statement. The Developer intends to develop approximately 27.07 acres within the Quick Development as multi-family, office and commercial uses and Milestone Builders intends to develop the Milestone Development as a residential project. B. Parkland Dedication.. The City zoning ordinances require developers to dedicate acreage within developments for recreational uses or remit funds to the city in lieu of parkland dedication. The Developer shall be obligated to convey in fee simple to the City two separate tracts of land,being 5.84 acres(the"Dam Tract")and 1.16 acres(the "Trail Tract"), as further described in Exhibits `B" and "C", attached hereto. These conveyances will satisfy the City's parkland dedication requirements for the Milestone Development and the Quick Development(save and except the Lake Tract). The City shall be responsible for maintaining any improvements constructed by the City on the Trail Tract. The deed conveying the Dam Tract and the Trail Tract shall contain the language contained in Exhibit D hereto which specifies that the properties are being conveyed"AS IS." The deed conveying the Trail Tract shall reserve to Developer a 25 feet wide access easement("Access Easement") across the Trail Tract which shall allow Developer access to the Lake Tract. The Access Easement shall be located at the west end of the Trail Tract. In the event the City becomes owner of fee title to the entire Lake Tract, then the Access Easement shall automatically terminate. C. Parkland Dedication Timing. The Dam Tract and the Trail Tract shall be conveyed in fee simple to the City by Special Warranty Deed in an instrument approved by the City within 45 days after the City has approved this Agreement. This Agreement shall serve as a real estate contract between the parties. The City shall be responsible for all closing costs, including survey,for the Trail Tract. The City shall be responsible for all closing costs for the Dam Tract, except for the survey, which shall be paid for by the Developer. ARTICLE III CITY OBLIGATIONS A. Satisfaction of Parkland Dedication Requirements.Contingent upon the Developer fully complying with all terms and conditions in this Agreement, the City hereby agrees that all of the City parkland dedication requirements as described in Chapter 4, Article V, Sections 4-61 et. seq., Code of Ordinances, City of Round Rock, Texas, are satisfied in full for both the Quick Development and the Milestone Development. ARTICLE IV Page 2 of 11 ADDRESS AND NOTICE Any and all notices and communications under this Agreement shall be mailed by first-class certified mail return receipt requested, or delivered, to the Developer at the following address: Notice to: Don Quick 1104 South Mays Suite 201 Round Rock,Texas 78664 Required Copy to: Law Office of James Bellevue 5701 W. Slaughter Lane Suite A130-525 Austin,Texas 78749 Email: Jim@LandLawTexas.com Any and all notices and communications under this Agreement shall be mailed by first-class certified mail return receipt requested, or delivered,to the City at the following address: Notice to: City of Round Rock, Texas c/o City Manager 221 East Main Round Rock,Texas 78664 Required Copy to: Sheets& Crossfield Attn: Stephan L. Sheets 309 E. Main Street Round Rock,Texas 78664 Email: steve@scrrlaw.com ARTICLE V. APPLICABLE LAWS This Agreement is made subject to the constitution and laws of the State of Texas and is performable in Williamson County, Texas. Venue shall be in Williamson County, Texas. Page 3 of 11 ARTICLE VI. CAPTIONS The captions at the beginning of the Articles of this Agreement are guides and labels to assist in locating and reading such Articles and, therefore, will be given no effect in construing this Agreement and shall not be restrictive of the subject matter of any Article, Section, or part of this Agreement. ARTICLE VII. SUCCESSORS AND ASSIGNS This Agreement shall bind and benefit the respective parties and their legal successors, and shall be assignable by the Developer to any party, upon written notice to the City. ARTICLE VIII. AMENDMENT OR MODIFICATIONS Except as otherwise provided in this Agreement,this Agreement shall be subject to change, amendment, or modification only by the mutual written consent of the parties hereto. ARTICLE IX DEFAULT A. Notice and Opportunity to Cure If either party defaults in its obligations under this Agreement, the other party must, prior to exercising a remedy available to that party due to the default, give written notice to the defaulting party, specifying the nature of the alleged default and the manner in which it can be satisfactorily cured,and extend to the defaulting party at least thirty(30)days from receipt of the notice to cure the default, B. Remedies for Default.If either party defaults under this Agreement and fails to cure the default within the applicable cure period,the non-defaulting party will have all rights and remedies available under this Agreement, including the right to institute legal action to cure any default,to enjoin any threatened or attempted violation of this Agreement or to enforce the defaulting party's obligations under this Agreement by specific performance or writ of mandamus..In the event of a default by the City,the Developer will be entitled to seek a writ of mandamus, in addition to seeking any other available equitable remedies. All equitable remedies available to a party will be cumulative and the pursuit of one remedy will not constitute an election of remedies or a waiver of the right to pursue any other equitable remedy. Page 4 of 11 ARTICLE X COUNTERPARTS This Agreement may be executed in two or more counterparts,each of which will be deemed an original,which together will constitute one in the same agreement. This Agreement may be executed by facsimile or electronic signature. (signatures on following page) Page 5 of 11 EFFECTIVE as of the day of , 2020. CITY OF ROUND ROCK, TEXAS By: Craig Morgan, Mayor Page 6 of 11 ALICE E. QUICK,LLC, a Texas Series limited liability company By: Marilyn Richardson,Manager DAVID E. QUICK,LLC, a Texas limited liability company By: David Eugene Quick,Manager QQQ L&L,LLC, a Texas limited liability company By: Larry Beaumont Quick,Manager THE BOUND,LLC, a Texas limited liability company By: Carolyn Bound,Manager Edward D. Quick, Trustee of THE QUICK LIVING TRUST,DATED APRIL 5,2016 Page 7 of 11 EXHIBIT A Site Plan Page 8 of 11 r s � �., CITY III CITY PARk CITY EXHIBIT B Survey of Dam Tract Page 9 of 11 Page 1 of 3 5.85 Acres G.W.Glasscock Survey Quick Farms DESCRIPTION OF A 5.85 ACRE TRACT,PREPARED FOR ZONING PURPOSES ONLY BY DELTA SURVEY GROUP INC., IN OCTOBER 2019, LOCATED IN THE G. W. GLASSCOCK SURVEY,ABSTRACT NUMBER 267,WILLIAMSON COUNTY,TEXAS, AND BEING A PORTION OF THE REMAINDER OF A CALLED 75 ACRE TRACT (TRACT II),CONVEYED TO THE QUICK LIVING TRUST IN DOCUMENT NUMBER 2016059259, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAID 5.85 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH,BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a%2 inch iron rod found in the north right-of-way(ROW)line of Old Settlers Boulevard (ROW varies) for the southwest corner of the remainder of said Tract II, same being the southeast comer of Park and Drainage Area, The Settlement Section Three, a subdivision of record in Document Number 8637051, Official Public Records, Williamson County, Texas, for the POINT OF COMMENCEMENT; THENCE leaving said Old Settlers Boulevard, with the west line of the remainder of said Tract II, same being the east line of said Park and Drainage Area, N21°10'42"W, a distance of 148.90 feet to a%2 inch iron rod with"Delta Survey"cap set for the POINT OF BEGINNING; THENCE continuing with the west line of the remainder of said Tract II, same being the east line of said Park and Drainage Area,N21°10'42"W, a distance of 591.67 feet to a calculated point; THENCE leaving the east line of said Park and Drainage Area, and crossing the remainder of said Tract II the following eleven(11)courses and distances: 1. N83°35'13"E, a distance of 448.23 feet to a%2 inch iron rod with"Delta Survey"cap set, 2. N41°08'48"E, a distance of 243.13 feet to a %2 inch iron rod with"Delta Survey" cap set, from which a'/inch iron pipe found in the east line of the remainder of said Tract II,same being the southwest corner of a called 93.74 acre tract described in Volume 2571, Page 709, Official Public Records, Williamson County, Texas, also being the northwest comer of the remainder of a called 32.67 acre tract, Tract I,conveyed to The Quick Living Trust, in said Document Number 2016059259, Official Public Records, Williamson County, Texas,bears N53°09'04"E, a distance of 927.42 feet, 3. S39°40'20"E, a distance of 87.88 feet to a %i inch iron rod with"Delta Survey"cap set, 4. S39°40'20"E, a distance of 119.37 feet to a %i inch iron rod with"Delta Survey"cap set, 5. S23°53'55"W, a distance of 36.77 feet to a 'h inch iron rod with"Delta Survey"cap set, 6. S07'1 1'45"W, a distance of 20.32 feet to a %i inch iron rod with"Delta Survey"cap set, 7. S20°16'40"W, a distance of 33.73 feet to a '`/i inch iron rod with"Delta Survey"cap set, 8. S21°29'44"W, a distance of 22.99 feet to a %i inch iron rod with"Delta Survey"cap set, 9. S33°26'04"W, a distance of 13.34 feet to a %2 inch iron rod with"Delta Survey"cap set, 10. S46°00'05"W, a distance of 18.09 feet to a %z inch iron rod with"Delta Survey" cap set, and Page 2 of 3 5.85 Acres G.W.Glasscock Survey Quick Farms 11. S43°17'00"W, a distance of 679.74 feet to the POINT OF BEGINNING and containing 5.85 acres of land,more or less. BEARING BASIS: Texas State Plane Coordinate System, Central Zone,NAD83/CORS 10-24-19 Date or Jolm E Bra am $' ,�► � ,' Re istered fessional Land Surveyor GAM No.5057-,Oe"' 057-, e of Texas �) « :0 5057 �r 4 Delta Survey Group,Inc. 8213 Brodie Lane, Suite 102 Austin,Texas 78745 TBPLS Firm No. 10004700 G.W.GLASSCOCK SURVEY / 0 400' 800' 1200' ABSTRACT NO.267 \ WILLIAMSON COUNTY,TEXAS / / OCTOBER 2019 / \ GRAPHIC SCALE PAGE 3 OF 3 \ 1"=400' I \ \ 93.74 ACRES \ARDALIA E.MARTIN VOL.2571,PG.709 IO.P.R.W.C.TX. N REMAINDER OF / 75 ACRES(TRACT In 32.6REMAINDER OF n THE QUICK LIVING TRUST / DOC.NO.2016059259 ,L�Ati THE QUICK LIVING TRUST O.P.R.W.C.TX. �°I `�., DOC.NO.2016059259 O.P.R.W.C.TX. l � N93035113"F, 448.23' l / 5.85 ACRES v N / PARK AND DRAINAGE AREA THE SETTLEMENT SECTION THREE / tiv� LEGEND DOC.NO.8637051 POB / $ BSI O.P.R.W.C.TX. O44 V � Q CALCULATED POINT POC lR O 1/2 INCH IRON ROD WITH "DELTA SURVEY"CAP SET • 1/2 INCH IRON ROD FOUND 0 3/4 INCH IRON PIPE FOUND O.P.R.W.C.TX OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,TEXAS POC POINT OF COMMENCEMENT LINE BEARING DISTANCE POB POINT OF BEGINNING L1 N21°10'42"W 148.90' L2 N41°08'48"E 243.13' •SKETCH TO ACCOMPANY FIELD NOTES L3 S39°40'20"E 87.88' L4 S39°40'20"E 119.37' LS S23°53'55"W 36.77' Survey p GroU Inc. L6 S0701 1'45"W 20.32' I�� L7 S20°16'40"W 33.73' L8 S21°29'44"W 22.99' 8213 BRODIE LANE STE 102 AUSTIN,TEXAS 78745 OFFICE:512.282.5200 FAX:512.282.5230 L9 S33°26'04"W 13.34' WWW.DELTASURVEYGROUP.COM L10 S46°00'05"W 18.09' TBPLS FIRM NO.10004700 QUAD ROUND ROCK PROJECT QUICK FARM BEARING BASIS: DWG. 5.85 AC TEXAS STATE PLANE COORDINATE SYSTEM,CENTRAL ZONE,NAD83/CORS 0 2014 Deka Su Group,rc. EXHIBIT C Survey of Trail Tract Page 10 of 11 01-30-2020 Pagel of 3 County: Williamson City: Round Rock Project:Quick Lake Trail EXHIBIT C PROPERTY DESCRIPTION DESCRIPTION OF A 1.155 ACRE (50,300 SQUARE FOOT) TRACT OF LAND SITUATED IN THE G.W. GLASCOCK SURVEY, ABSTRACT NO. 267, IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CALLED 86.645 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO THE QUICK LIVING TRUST RECORDED IN DOCUMENT NO. 20160592.59 OF THE OFFICIAL PUBLIC ECORDS OF WILLIAMSON COUNTY,TEXAS, SAID 1.155 ACRE (50,300 SQUARE FOOT)TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with plastic cap stamped "DELTA SURVEY" found, in the westerly boundary line of that called 93.74 acre tract of land described in Warranty Deed to Ardalia E. Martin recorded in VOIUme 2571, Paye 709 of the Official Records of Williamson County, Texas, same being in the easterly boundary line of said 86.645 acre tract, also being the common corner of a proposed 27.71 acre tract and a proposed 6.61 acre tract of land, both out of said 86.645 acre tract, for the most easterly corner and POINT OF BEGINNING of the herein described tract, and from which a 3M iuch iron pipe(ound, being the westerly corner of said 93.7.1 acre tract, same being an angle point in said 86.645 acre tract, same being the common coiner of a proposed 26.10 acre and said proposed 27.71 acre tract bears S 21'04'41" E,at a distance of 129.86 feet, THENCE, departing said 93.74 acre tract, through the interior of said existing 86.645 acre tract, with the proposed southerly boundary line of said 27.71 acre tract,also representing the meanders of the 725 foot elevation contour, the following nine(9)courses: 1) S 29°04'29" W, for a distance of 41.90 feet to an iron rod with plastic cap stamped "DELTA SURVEY" found; 2) S 56°10'12" W, for a distance of 43.19 feet to an iron rod with plastic cap stamped "DELTA SURVEY" found; 3) S 62°47'53" W, for a distance of 89.18 feet to an iron rod with plastic cap stamped "DELTA SURVEY" found; 4) S 50°04'55" W, for a distance of 68.42 feet to an iron rod with plastic cap stamped "DELTA SURVEY" found; 5) S 38°36'14" W, for a distance of 216.56 feet to an iron rod with plastic cap stamped "DELTA SURVEY" found; 6) S 31°36'42" W, for a distance of 172.59 feet to an iron rod with plastic cap stamped "DELTA SURVEY" found; 7) S 35°17'16" W, for a distance of 151.93 feet to an iron rod with plastic cap stamped "DELTA SURVEY" found; 8) S 40°58'05" W, for a distance of 119.41 feet to an iron foci with plastic cap stamped "DELTA SURVEY" found; 9) S 40°44'38" W, for a distance of 91.41 feet to an iron foci with plastic cap stamped "DELTA SURVEY" found, being in the proposed easterly boundary line of a 5.85 acre tract of land, same being the common comer of said proposed 6.61 acre out of said 86.645 acre tract, and said proposed 27.71 acre tract, for the most southerly corner of the herein described tract; Page 2 of 3 10) THENCE, with the proposed common boundary lines of said 5.85 acre and said 6.61 acre tract, N 39°40'20"W, for a distance of 50.71 feet to the calculated westerly corner of the herein described tract, and from which an iron rod with plastic cap stamped"DELTA SURVEY"found being the common corner of said proposed 5.85 acre and said proposed 27.71 acre tract bears N 39"40'20"W, at a distance of 37.17 feet to; THENCE, departing said proposed 5.85 acre tract, through the interior of said existing 86.645 acre tract and said proposed 27.71 acre tract, and being 50 feet northerly of and parallel to courses 1 through 9, the following nine (9) courses: 11) N 40"44'38"E,for a distance of 83.07 feet to a calculated angle point; 12) N 40"58'05"E,for a distance of 117.03 feet to a calculated angle point; 13) N 35"17'16"E,for a distance of 147.84 feet to a calculated angle point; 14) N 31-36-42"E,for a distance of 174.04 feet to a calculated angle point; 15) N 38"36'14"E,for a distance of 224.64 feet to a calculated angle point; 16) N 60"04'55"E,for a distance of'19.02 feet to a calculated angle point; 17) N 62"47'53"E,for a distance of 91.85 feet to a calculated angle point; 18) N 56"1012"E,for a distance of 28.25 feet to a calculated angle point; 19) N 29"04'29" E,for a distance of 71.58 feet to a calculated angle point,being in the westerly boundary line of said 93.74 acre tract, and the easterly boundary line of said 86.645 acre tract,for the most northerly comer of the herein described tract and from which a 314" iron rod found being the northwesterly corner of said 93.74 acre tract, same being the northeasterly corner of said 86,645 acre tract, also being the southerly boundary line of that called 43.524 acre tract of land described in a Warranty Deed to City of Round Rock, Texas, recorded in Document No. 9730900 of the Official Records of Williamson County, Texas, bears N 21"04'41"W,at a distance of 876.23 feet; 20) THENCE, with the common boundary line of said 93.74 acre tract and said 86.645 acre tract, S 21004'41" E, for a distance of 65.12 feet to the POINT OF BEGINNING, containing 1.155 acre (50,300 square feet)of land,more or less. This property description is accompanied by a separate parcel plat. All bearings recited herein are based on the Texas State Plane Coordinate System,Central Zone No.4203,NAD 83. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale,a Registered Professional Land Surveyor,do hereby certify that the above description is true and correct to the best of my knowledge and belief and that the property described herein was determined by a survey made on the ground under my direct supervision. WITNESS MY HMD AND SEAL.at Round Rock,Williamson County,Texas, s -�+� �t,,,:S�$.s'`� �!t/t/4/���'�k�'ir`k.<' �✓`i ay 'Lit/L+t..� Cr✓/� M.Steph6ri Tftlu s ale Date Registered Professional Land Surveyor No.4933 Inland Geodetics,LLC ` , ? ■,� Licensed State Land Surveyor r ' Firm Registration No; 100591-00e+taaaa+aa.aa 1504 Chisholm Trail Road,Suite 103 al P,t S11-f'tfL;N Tf1UE8Rl.E �'• +art saax+era-asar saa++srwe+aa ss Round Rock,TX 78681 4933 ' '' S:1 CORR-PROJECTSWARKS-RECIOUICK LAKE TRAIL SURVEY?PARCELSICORR-PARKS-REC-QUICK-TRAIt..doc XNIBIT C 0 PAN v DESvFl! lY Cl OF ROUND ROCK, TEXAS NO. DIRECTION DISTANCE (43.524 AC.) DOC. NO. 9730900 Lt S21*0441"E 129.86' O.R.W.C.'. 1 L2 -S29104'29"W 41.90 - _ L3 S56'10'12"W 43.19' 1 L4 S62 447'53"W 89.18' j z a� L5 S50'04'55"W 68.42' Iv b P o L6 S38'36'14"W 216.56' iz (1� �J r 7 ti t6 r L7 S31'36'42"W 172.59' 0L " ¢a v L8 S35'17'16"W .151.93' h h i L9 S4C'58'05"W 119.41' PROPOSED 27.71 AC. 2 Qvul LIO S40'44'38"W 91.41' 0 2CC ...... 1 L i t S39'44'20"E 119.37' L12 N3940`20"W 50.71' L13 N39'40'20'W 37.17' 1 = 200' L14 N40'44"38"E 83.07' PROPOSED QCT 14- L15 L15 N40'58'05'E 117.03' 50,.155SACFT . `8/•' W.� L3 J' P.0.B. L16 N35'17`16"E 147.84' / L17 N31'36'42"E 174.04' THE QUICK LIVING TRUST L18 N38'36'14"E 224.64' 86.73 AC. L19 N5C`04'55"E 79.02' (86.645 AC.) L20 N62`47'53"E 91.85' DOC- NO. 2015059259 �� O.P.R.W.C.T. oe L21 N56'10'12'E 28.25' L22 N29'04'29"E 71.58' L23 S21.04'41"E 1 65.12' N/ 1) ALL BEARINGS SHOWN HEREON ARE BASEDC15/ C$ PROPOSER 26.10 AC. ON THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83, CENTRAL ZONE. �C LZ70END 2) THIS SURVEY WAS PERFORMED WITHOUT � mac', 4 d IRON ROD FOUND WJ PLASTIC CAP BENEFIT OF A TITLE ABSTRACT. THERE MAY v C� STAMPED "DELTA SURVEY" BE OTHER INSTRUMENTS OF RECORD THAT AFFECT THIS TRACT NOT DEPICTED HEREON. PROPOSE) 5.85 AC. PROPOSED 6.61 AC. ! 3 m l 4" IRON PIPE FOUND ''o. r' I HEREBY CERTIFY THAT THIS PLAT IS TRUE �o � 3/4" :RCN ROW FOUND AND CORRECT AND 1HAT THE PROPERTY CALCULATED POINT SHOWN HEREON WAS DETERMINED BY A SURVEY MADE HE GROUND UNDER PROPERTY LIME MY DIRECT SUP SIDN. 1 O.R.W.C.T. OFFICIAL RECORDS -PROPOSED 5.13 AC. W ILLIAMSON COUNTY, TEXAS w "w O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS M. STEPHEN TRUESDALE DATE ! I W I L1AMSON COUNTY, TEXAS REGiSTE.RED PROFESS[ONAI P.O.B. POINT OF BEGINNING LAND SURVEYOR NO. 4933 �'" L'CENSEO STATE LAND SURVEYOR .rt OLD SE7LERS BLVD. �,,«"* ( ) RECORD INFORMATION hLAND GEODETICS. LLC ' .e ti FIRM REGISTRATION NO. 100591-00 g� 1b;«•", S` t• (ROW VARIES) 5504 CHISHOIM TRAIL ROAD, SUITE 103 # ROUND ROCK. TEXAS 78681 «#M a «`�,; 01-30-2020 I N L A N D +' 40,33 " �•;,%"' GE©DETICS ~ ` _$ � «.� PROPOSED TRACT ' PROFESSIONAL LAND SURVEYORS 1504 CHISHOLM TRAIL RD.SIE.103 St `s X. 11.155 ACRES T ROUND ROCK.l78681 50,300 SQUARE FEET PH.(512)238-1200,FAX(512)238-1251 FIRM REGISTRATION NO.100591-04 AGC 3 OF EXHIBIT D GRANTOR HAS EXECUTED AND DELIVERED THIS SPECIAL WARRANTY DEED AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED THIS SPECIAL WARRANTY DEED AND HAS PURCHASED THE PROPERTY"AS IS," "WHERE IS,"AND "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AND EXCEPT WITH RESPECT TO THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, GRANTOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY (AND EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY SET FORTH IN THIS DEED),WITH REGARD TO THE PROPERTY"AS IS"MEANS,BUT IS NOT LIMITED TO: "AS IS" PHYSICAL CONDITION (BOTH AS TO DEFECTS SEEN AND UNSEEN AND CONDITIONS NATURAL AND ARTIFICIAL), "AS IS" WITH RESPECT TO ALL DOCUMENTS,AGREEMENTS,RESTRICTIONS,LEASES AND COVENANTS TO WHICH THE PROPERTY IS SUBJECT AND WHICH HAVE BEEN DISCLOSED BY GRANTOR OR GRANTOR'S AGENTS TO GRANTEE,AND "AS IS" WITH RESPECT TO ALL LAWS, ORDINANCES, RULES AND REGULATIONS TO WHICH THE PROPERTY IS SUBJECT UNDER ANY APPLICABLE GOVERNMENTAL OR REGULATORY AGENCY HAVING JURISDICTION, INCLUDING BUT NOT LIMITED TO: THAT A PORTION OF THE PROPERTY MAY BE LOCATED IN AN AREA THAT HAS BEEN DESIGNATED BY THE U.S. CORPS OF ENGINEERS, OR BY THE MUNICIPALITY IN WHICH THE PROPERTY IS LOCATED, AS BEING IN A FLOOD PLAIN OR OTHER FLOOD- PRONE AREA; THE PROPERTY IS LOCATED WITHIN THE UPPER BRUSHY CREEK WATER CONTROL IMPROVEMENT DISTRICT; THE PROPERTY IS ENCUMBERED BY A FLOOD INUNDATION EASEMENT DATED APRIL 26, 1962 RECORDED IN VOLUME 458, PAGE 500 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; AND IF THE PROPERTY ADJOINS AN IMPOUND OF WATER INCLUDING A RESERVOIR OR LAKE,CONSTRUCTED OR MAINTAINED UNDER CHAPTER 11, TEXAS WATER CODE, THAT HAS A STORAGE CAPACITY OF AT LEAST 5,000 ACRE-FEET AT THE IMPOUNDMENT'S NORMAL OPERATING LEVEL, GRANTOR HEREBY NOTIFIES GRANTEE"THE WATER LEVEL OF THE IMPOUNDMENT OF WATER ADJOINING THE PROPERTY FLUCTUATES FOR VARIOUS REASONS, INCLUDING THE RESULT OF: (1) AN ENTITY LAWFULLY EXERCISING ITS RIGHT TO USE THE WATER STORED IN THE IMPOUND, OR (2) DROUGHT OR FLOOD CONDITIONS." 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