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BCRUA_R-14-04-16-6A RESOLUTION NO. R-14-04-16-6A WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to purchase certain property interests necessary for the construction of a pumping station and related facilities, and said tracts are described as follows ("Property"): a 1.685 acre fee simple parcel; a 0.802 acre temporary construction easement; and two subsurface easements of 0.898 and 2.656 acres; and WHEREAS, the Lower Colorado River Authority ("LCRA"), the owner of the Property, has agreed to sell said Property to the BCRUA,Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the President is hereby authorized and directed to execute on behalf of the BCRUA a Real Property Interest Purchase Agreement Between LCRA and BCRUA, and other necessary and related documents, a copy of the Agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of April, 2014. MITCH FULLEtggion Presid nt Brushy Creek R tility Authority ATTES . J -N DISHONGH, ecretary Z:\BCRUA\Board Packets\Packet Documents\2014\2014_04_16 Res BCRUA-Purchase Agreement with LCRA(0029660UA08H).doe REAL PROPERTY INTEREST PURCHASE AGREEMENT BETWEEN LCRA AND BCRUA 1.685 acre fee simple; 0.802 acre TCE; two subsurface easements of 0.898 and 2.656 acres THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT (hereinafter "Purchase Contract") WITNESSETH that the LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district of the State of Texas (hereinafter "LORA"), for good and valuable consideration, the receipt of which is hereby acknowledged, and for the mutual promises contained herein, agrees to grant, sell, and convey in fee simple that tract of land described in Exhibit "A," a temporary construction easement in that tract of land described in Exhibit `B," and a subsurface easement in those tracts of land described in Exhibits "C" and "D" to the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a regional utility situated in Williamson County,Texas, (hereinafter"BCRUA"), and BCRUA agrees to purchase, said tract and real property interests for the consideration and subject to the terms herein stated, as follows: Fee Simple Parcel: All that certain tract, piece or parcel of land, lying and being situated in Travis County, State of Texas, described in Exhibit "A," attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Temporary Construction Easement: All that certain tract,piece or parcel of land, lying and being situated in Travis County, State of Texas, described in Exhibit "B," attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Subsuiface Easement A: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, State of Texas,, described in Exhibit "C," attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Subsurface Easement B: All that certain tract, piece or parcel of land, lying and being situated in Williamson County, State of Texas, described in Exhibit "D" attached hereto and made a part hereof for all purposes, to which reference is hereby made for a more particular description of said property. Total Price. FOUR HUNDRED FIFTEEN THOUSAND NINE HUNDRED ONE AND No/100 DOLLARS ($41.5,901.00) total shall be paid by BCRUA (including $408,701.00 to LORA and $7200.00 to the County(defused below)) for fee simple title to the Fee Simple Parcel, for the Temporary Construction Easement, and for Subsurface 1 Easements A and B, and for which no lien or encumbrances, expressed or implied, including current taxes, will be retained. The TOTAL PRICE shall be inclusive of all land and any improvements situated thereon, except as otherwise explicitly provided herein. Closing. LCRA and BCRUA will finalize this purchase by Closing on or before April 30, 2014, which date is hereinafter referred to as the Closing or Closing Date. The Closing shall occur at Gracy Title Company, 1903 Cypress Creek Road, Suite 102, Cedar Park, Texas 78613. The Closing Date may be amended upon written agreement between LCRA and BCRUA. Travis_County Lease. LCRA and BCRUA mutually acknowledge that the Fee Simple Parcel, Temporary Construction Easement, Subsurface Easement A and Subsurface Easement B are at the time of this Agreement all either wholly or partially under lease to Travis County, Texas (the "County"), for park purposes. Notwithstanding anything herein contained to the contrary, it is a condition precedent to BCRUA's obligations under this contract that LCRA amend its lease with Travis County to exclude the Fee Simple Parcel, and that Travis County consent to the Temporary Construction Easement, Subsurface Easement A, and Subsurface Easement B. LCRA and BCRUA further mutually acknowledge and agree that the County has agreed to accept the total. sum of SEVEN THOUSAND TWO HUNDRED and no/100 DOLLARS ($7,200.00) ("County's Payment") as total and complete consideration for the County's assent in all regards to this Agreement, and that LCRA agrees and understands the County's Payment is to be disbursed to the County at or before Closing from the Total Price. Special Warranty Deed. LCRA shall deliver to BCRUA at Closing a duly executed and acknowledged Special Warranty Deed in substantially the form and substance as set out in Exhibit "E" attached hereto and incorporated herein. BCRUA agrees to prepare the Special Warranty Deed in substantially the form set out in Exhibit "E" at no expense to LORA and to pay the costs of title insurance and any applicable Closing costs associated with all aspects of this Agreement. Temporary Construction Easement. LCRA shall deliver to BCRUA at Closing a duly executed and acknowledged Temporary Construction Easement in substantially the form and substance as set out in Exhibit "F" attached hereto and incorporated herein. BCRUA agrees to prepare the Temporary Construction Easement in substantially the form set out in Exhibit "F" at no expense to LCRA. Subsurface Easement. LCRA shall deliver to BCRUA at Closing a duly executed and acknowledged Subsurface Easement for Subsurface Easement A and Subsurface Easement B in substantially the form and substance as set out in Exhibit "G" attached hereto and incorporated herein. LCRUA agrees to prepare the Subsurface Easement in substantially the form set out in Exhibit "G" at no expense to LCRA. Additional Covenants Related to Fee Simple Parcel. BCRUA acknowledges that the Fee Simple Parcel is adjacent to park land and near residential areas and agrees 2 at with respect to the construction and operation of improvements on the Fee Simple arcel, BCRUA shall be mindful of the sensitive nature of these neighboring land uses. In particular,BCRUA agrees as follows: Noise levels. At no time other than initial construction, start-up or maintenance activities shall the sound pressure level of any operation or plant on the Fee Simple Parcel exceed 65 decibels as measured at any given property line of the Fee Simple Parcel. The parties acknowledge that sound levels will likely exceed 65 decibels during initial construction an/or during certain maintenance activities but that during normal operation this restriction shall apply. Light pollution. Except as provided below, all exterior lighting installed on the Fee Simple Parcel shall be directed to the area where the light is needed, and shall be shielded from other areas including neighboring tracts and the sky. BCRUA shall use no more than the minimum amount of lighting needed to accomplish the purpose during normal operations and regular maintenance for which it is installed. All exterior lighting shall be turned off when not needed, either manually or through use of motion or other sensors. The parties acknowledge that during initial construction and/or during performance of emergency maintenance of the pumping station that additional lighting may or will be necessary and that the provisions of this paragraph are intended to apply to normal operations and regular maintenance. Survival. The provisions of this paragraph shall survive the closing of the transaction contemplated herein, and shall be binding on BCRUA and. any successor owner of the Fee Simple Parcel, Payment. BCRUA agrees to pay to LCRA, upon delivery of the properly- executed roperlyexecuted instruments of conveyance described herein, the above-described Total Price. Entire Agreement. The Purchase Contract supersedes any and all other agreements either oral or written between LCRA and BCRUA with respect to the Fee Simple Tract, the Temporary Construction Easement, Subsurface Easement A and Subsurface Easement B. Formal Approval.' LCRA and BCRUA agree that this contract is subject to formal approval of BCRUA and the City Councils of the City of Round Rock,Texas, the City of Leander, Texas, and the City of Cedar Park,Texas. Effective Date. This Purchase Contract shall be effective upon the last date indicated below. 3 OWNER: LOWER COLORADO RIVER AUTHORITY By: redrick E. Crawfo , Manager,Real Estate Services %�ae2 414 Date BUYER: BRUSHY CREEK REGIONAL UTILITY AUHORITY By: Mitch Fuller. President, BCRUA Date 4 OWNER: LOWER COLORADO RIVER AUTHORITY 1 By: Fredrick E. Crawford; Manager, Real Estate.Services j i Date BUYER: BRUSHY CREEK REGIONAL UTILITY AUHORITY i By: Mitch uller Presid UA I i Date i I i I i i i 4 i F t i f METES AND BOUNDS 1)ESCREMON 1' i OF A is j 1.685 ACBE TRACT OF LAND SITUATED IN THE EAST TTXAS)CtAnROAD COMPANY SURVEY NO.54, I TRAVIS COUNTY,TEXAS s BEING A 1.685 ACRE(73,385 SQUARE FOOT)TRACT OF LAND SITUATED IN THE EAST TEXAS i RAILROAD COMPANY SURVEY NO, 54, TRAVIS COUNTY, TEXAS;.SAID 1.685 ACRE TRACT I BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY(UNRECORDED);AND i ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND i DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY(LCRA),AS RECORDED I IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 1.685 ACRE TRACT 13ELNG MORE PARTICULARLY DESCRIBED BY METES i AND BOUNDS AS FOLLOWS: f s BEGINNING at a 1/2-inch iron rod with orange plastic ca stamped Wallace Group" z ' g p p p p"(het�afier referred ' i to as"Wallace cap")set for the easternmost southeast corner of the herein described tract,same marking the easternmost southeast comer of said 91.548 acre lease tract, and being on the westerly'right-of-way (R.O.W.)line of Lime Creek Road(having a width of 60 feet at this location),-and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; r f: THENCE, departing the westerly R.O.W. line of said Lime Creek Road, with the southerly line of said 91.548 acre lease tract,over and across said LCRA 2,352.66 acre tract,the following three(3)courses and distances.- 1) istances:1) (Ll)South 62 degrees 01 minutes 46 seconds West,a distance of 108.65 feet to a 1/2-inch iron rad with,"Wallace cap"set for an angle point of the herein described tract; 2) (L2)South 12 degrees 37 minutes 51 seconds West,a distance of 37.71 feet to a 1/2-inch iron rod } with"Wallace cap"set for an angle point of the herein described tract; 3 3) (L3) South 27 degrees 58 minutes 14 seconds East,a distance of 32.37 feet to a 3-inch galvanized fence post for an angle point of the herein described tract, said point being on the northerly line of that certain called 2.73 acre tract of land described as a Fight-Of-Way Easement to Cedar Park i Water Supply Corporation,as recorded in Volume 4898,Page 1247,D.R.T.C.T.; F I sTHENCE, (L4) South 62 degrees 01 minutes 46 seconds West, with the common southerly line of said 91.548 acre lease tract and the northerly line of said 2.73 acre tract, and continuing over and across said s LCRA 2,352.66 acre tract,a distance of 39.38 feet to a out"X"in concrete set for the southernmost corner E of said 91.548 acre lease tract and the herein described tract, same marking the northwest corner of said 2.73 acre tract; i THENCE,(L5)North 85 degrees 17 minutes 18 seconds West,with the southerly line of said 91.548 acre s lease tract,and continuing over and across said LCRA 2,352.66 acre tract,a distance of 21.94 feet to a 1/2- inch iron rod with"Wallace cap"set for the southwest comer of the herein described tract,and from which a 1/2-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract bears North 85 f degrees I7 minutes 18 seconds West,at a distance of 189.41 feet; x 3: f 4 k I Pagel of 3 ° 3 � i € K I Exhibit 14- (continued) option ofa 1.685 acre tract LENCI; departing the southerly RA 2,3S2.66 acre tract and said"ne f said 41.548 acre lease fact 8 acre lease tract,the tract and co ' 1) North 16 de ntinuing over and across said "Wallace ca "Se S4 minutes 2g seconds y� g two(2)courses and distances: A set for the northwest co est,a distance of 456.30 2) North 73 corner of herein described tract,feet to a 1/2-inch degrees OS minutes 32 seconds mon rod with "Wallace cap" nds leas p set for the no a distance of 194,05 curve to the le rtheast corner of the herein described feet to a 1/2_' and the 6A said point also being corner the common and mch zron r disc found westerly R O'1Tr line of said LS mrnon tract being °d With and as c me Creek easterly line of said 9],548 n anon-tangent 45 minutes 26 seconds pfor in the field nates for said 91,548 d fr° acre 1 ��at a chord distance of38g m which a Travis Coun ease tract THENCl3 gore tease tract bears North aluminum # With the ca 74 feet; rth 09 degrees said L' moron easterly Line of s (2)coots s a d distanceoad, and continuity said 91.548 acre lease tract and s: 8°ver and across said LCRA 2,352.66 acre tract,the W' line of Y R.o. ` I} Ina Southerly direction following two 815.47 feet;a central an, 154.01 feet alae { of South 10 de angle of IO de g the�c of said c ' grecs 2$minutes d grees 49 minutes 15 secondee to the Ie i i found and as called for • seconds ,and a chord beatingg a 'adios of described in the field .least-- 153.78 feet to a Travis Coun tract; notes for said 91.548 acre Ie g and distance ty aluminum disc 2) South ase tract for a corner 17 degrees 13 minutes 40 Of the herein and cont sec survey ntaining 1.685 acroetds Bast, a distance of 218.Sg 2013 Y and drawn,g made by rhe Wallace(73,3$5 square feet}of land, feet to the 1'pIlVT p Group, ,more Inc.,Round Rack or less,based 13eaa' , Texas in July and on e I Leica'gCentral sed on fhe Texas State plane .August of Texas GFS Cooperative CO Coordinate S (Central Zone,N Shown are surface. RS RT Ystem K Network. Coordinates shown are X83)which is based on A drawing Of eve"curve ted and y date herewith distances accom I' Daniel M-lYlahe panies this metes and bounds descri ti that this metes A on. t �'; Registered Professional Land$ actual survey and bounds description and e urve or rvey afthe grope exhibit draw' y NO' 5004,State of Texas Y AeYfarmed awing A-4600 , do hereby Certify { on the ground and that the same ashed hereto was pared true and correctpre from an aniel 1Vl.F aherty,R. ..L.8,X5004 The Wallace Croup,he One Chisholm Trail Round-Rock, ,Suite 130 �S OP r [ Ph- 5 Texas 78681 .•�otFR • p 8-0065 22951-PN0I.doc LAHE'R1Y q':a9 6004 01 s(jRV� Page 2 OF 3 {: c , � I e I l i t EXHIBIT DRAB'ING TO ACCOMPANY METES AND BOUNDS DESCRIPTION Qin A 1.685 ACRE TRACT OF LAND SITUATED IN TBE EAST TEXAS RAILROAD COMPANY SURVEY NO. 64, TRAVIS COUNTY, TEXAS, AND .BEING A PORP'I0N OF A CARD 91.548 ACRE LEASE TRACT DE'SCR04V IN PILLD NOTES PREPARED BY Lo"'? COLORADO'RIVTs',R AUTItORITY (UNRECORDED), AND ALSO BEING A PORTION OF T)TAT CURTAIN CALLED ,2,362.66 ACRE TRACT OP LAND DESCRIBED IN A DEED TO LOVER COLORADO .RIVER r AUTHORITY, RECORDED IN VOLUME 1168, PAGE 1,20 01' THE DEED RECORDS OF•' TRAVIS COUNTY, TEXAS f 0- FOUND ESS 1/2' IRON ROD (UNLOTHERWISE NOTED) J it=FOUND TRAVIS COUNTY ALUMINUM DISC 1 I 0•+ t/2'IRON ROD WTH ORANGE PLASTIC CAP ' STAMPED"WALLACE GROUP"SET(UNLESS 1 OTHERVASE NOTED) I -" - D.R.T.C.T.= DEED RECORDS, TRAVIS COUNTY, TEXAS ► APPROXIMATE LOCATION.—/ OF SURVEY UNE y I RA;yQ• �a 1 N 08'45'26'E- 389.74' l� AS �E4T£xts ZW � { $ApA�y15 U 406. J r to4s'1s• TRA R= 815,47' ). . 7305 Lw 154.01' d C.. 153.78' R� CB= S 10128'49'E t; ¢ CALLED 2,352.66 ACRES a I CALLED 91.549 ACRE LEASE TRACT DESCRIEED IN FIELD NOTES PREPARED2 Lh LOWER COLORADO RIVER AUTHORITY 6Y LOWER COLORADO RIVER AUTHORITY r VOLUME 1188,PAGE 120 #1 (UNRECORDED) D.R.T.C.T. # BEING A PORTION OF CALLED 2,352.66 ACRES TO ►,Sp LOWER COLORADO RIVER AUT110R1TYtj VOLUME 1168, PAGE 120 D.R.Tl S 1713'40' E- 216.59' .C.L AND A PORTION OF r CALLED 20.8 ACRES To LOWER COLORADO RIVER AUTHORITY FIELD NOTE u� VOLUME 1110.PAGE 377 POINT OP D,R.T.C.T. BEGINNING GRiD N: I0.741,879.6043 1 ojo CRlO E 3,Ob1,278A499 s ' n o o k Y FENCE PORTION OF F' CALLED 2,352.65 ACRES 1 I di IYi•v N 85'17'1$' 1y 'r PC ST LOWER COLORADO RIVER AUTHORITY CALLED 2.352.66 ACRES 189.41' r VOLUME 1168, PACE 120 I eo om LDWER COLORADO RIVER AUTHORITY L5 �y U.P.T.C.T. p cv cJ VOLUME 1168,PAGE 120 CUT"X"SET 5� f GENERAL NOTES: � p� o % --"L 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. f n j ✓ NUUBER DIRECTION DISTANCE a 2.) SUBJECT TO AHY AND ALL COVENANTS,RESTRICTIONS, EASEMENTS ��', �y U L1 5 62'01'46" W 108.65' AND CONDITIONS THAT MAY BE APPLICABLE. s�a�9O ,n s L2 S 12'37'51'W 37.71' 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. +Y tn� L3 S 27'5E'14"E 32.37' 4.) THIS DRAWING 1S ACCOMPANIED BY A MMS,R BOUNDS DESCRIPTION. �y 0 c^ 1 5,) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE fiy N� s��.r L4 S 62'01 46"W 39.36' I CU SYSTEM(CENTRAL ZONE,NAD83)WHICH IS BASED ON LEICA'S ? � �O L5 N 8517'18"W 21.94 CENTRAL TEXAS CPS COOPERATIVE CORS RTK NETWORK. ?a �y L6 S 67'24'35'E 59.72' L7 N 74••03 i 'Z7" E 50.86'U5S,) COORDWAIES SHOWN ARE GR10 AND IHSTANCE5 SHOWN ARE SURFAGE. r The WYallace Group, Inc. I: I t One Chisholm Troll, SuTte 130, Round Rook, Texas 78681 (612) 248-0065 OF T Engineers a Architects a Planners Y4 Surveyors i TBPE F 54 Waco * Killeen * Dallas * Round Rock 1 DANIEL M,FLAHERTY I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT '•A"dpi'..'•' o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND y•�'o S1 P O f } SURVEYS IN THE STATE OF TEXAS, THIS THE -.. 8TH _ DAY OF _ _.AUGUST SH ��y 4 SURVEYED: 06-•25-2013 (;ALE�LdjGRTY4RP LS N 4 0 4 3 OF 3 c 0. 200 0 PLAT NO. A-•h600 DR DATE 08--06-2013 DRAWN BY TAB a SCALE WORK ORDER NO. 22951 FIELDHOOK/PG. 178 23 TAB # A--4600 1' 0 2013 ALL RIGHTS RESERVED DIGITAL FILE 22951R—SITE 8 PARCELS FM # 22951•—FN01 I i 1 i i t 1 F I i EXHIBIT tt . PRAYING DFA TEMPORARY CONSTRUCTION EASEMB'NT (0.802 ACIW) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 64, TRAVIS COUNTY, TL�XAB, AND BEING A PORTION OF . CALLED 91,548 ACRE LEAS'B TRACT DESCRIBED IN FIELD NOTES PREP,4RED BY LOWER COLORADO RIVER AUTB'ORITY (UNRBCORDBD), AND ALSO BRING A PORTION OF fiSAT CA" T z• CALLED 2,352,66 ACRE TRACT OF ,LAND .DESCRIBED IN A DEED TO 1;0'rER COLORADO RIVER AUTHORIY, � RECORDED IN YOLUMB T'l68 PACE 120 OF THE DEED RECORDS OFTAAVYS COUNTY TBXAS f= I � SSR �6 LEGEND . O��jy �£�[� 0- FOUND 1/2"IRON ROD(UNLESS OTHERWISE NOTED) i S 0-FOUND TRAMS COUNTY ALUMINUM DISC AG 6 0- 1/2"IRON ROD WITH ORANGE PLASTIC CAP r CD STAMPED"WALLACE GROUP"SET q¢b D,R.T.C,T.- DEED RECORDS, TRAVIS COUNTY, TFXAS i 147.16' 1 , 1--- - S 83'4 118'E APPROXIMATE LOCATION �g0��5A m OF SURVEY LINE N 16'51'32"E•- 162.68' DONMUOTION EASE31E3RT n F 'T U1 z R=815,47' L= 230.63' . C r� �Avi c8 s2a8m'S6• W r S 73'05'32"W 1, 53.06' 10'23'49'E 153.7$' { ICALLED Ot.548 ACRE LEASE TRACT DESCRIBED IN MELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY F' (UNRECORDED) {: BEING A POR7ION OF 1 CALL2,352.66 ACRES i0 :•1.655 ACRE:. . ED LONER COLORADO RIVER AUTHORITY fRfyCT,•.;;;. '� CALLED 2,352.86 ACRES VOLUME 1168,PAGE 120 LOWER COLORADO RIVER AUTHORITY t I D.R.TC.T. VOLUME 1166, PACE 120 F_ E AND A PORTION OF D.R.T.C.T. o CALLED 20.$ACRES TO LOITER COLORADO RIVER AUTHORITY �. Q+ VOLUME 1110, PAGE 377 , I D.R.T.C.T. F3 z.t Rim . m w w PORTION Of " CALLED 2 352.60 ACRES 3. Q+ .0 a r� LOVIER COLORADO RIVER AUTHORITY # VOLUME 1166, PAGE 120 i. D m CALLED 2,352.66 ACRES N LOVM COLORADO RIVER AUTHORITY t VOLUME 1169, PAGE 120 0 ?-%C1 p° D.R.T.C.T o S t^ o9� 0o OENERAL NOTES 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONU.4 x -C,2� y 'E�:� 2.) SUBJECT TO ANY AND ALL COVENANTS RESTRICTIONS EASEMENTS AND CONDITIONS THAT MAY BE APPLICABLE-0y6� �4'p bj.ty4i REQ�YYYYN £' 63 63 3. THE SURVEYOR DID NDT ABSTRACT THE SUBJECT TRACT, y DANIEL M. '•'" t' •rti7 c�?~, , FLAHERTY `'t•'. N 4.) BEARINGS ARE BASED CN THE TEXAS STATE PLANE COORDINATE ` .. , SYSTEM (CENTRAL'ZONE NAOB3)WiICH IS BASED ON LEICA'S �i�� A�� ACy •�0 60041Z- CENTRAL TEXAS CPS COOPERATIVE CORS R7K NeTwonK. 5.) DISTANCES SH015N ARE SURFACE. The Wallace Group, Inc. One Chisholm Troll, Suit© 130, Round Rock, Taxoa 78881 (512) 248-0065 Engineers El Architects m Planners >a Surveyors TSPS P--64 Killeen * Dallas Round Rock 0 Oa 400 PLAT ;;�•4 EXHIBIT.::::.;; DRAM BY 1 TAB OF 1 SCALE DRAFT DATE 06-06--2013 WOR FIELDBDOK/PG. 178/23 TAB # A-4603 2013 ALL RIGHTS RESERVED DIGIT 8 PA CELS F E _ ` _ N/A E - F. i I P I EXHIBIT i Subsurface Tunnel'A'Easement i MTIES AND BOUNDS DESCRIPTION OF A 0.898 ACRE TRACT OF LANA I SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO.54, f TRAVIS COUNTY,TEXAS BEING A 0.898 ACRE(39,104 SQUARE FOOT)TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO, 54, TRAVIS COUNTY, TEXAS; SAID 0.898 ACRE TRACT j BEING A PORTJON OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY(UNRECORDED); AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY(LCRA),AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OY TRAVIS COUNTY, TEXAS (D.RT.C.T.); SAID 0.898 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: j COIVMNCING at a Ill-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter I referred to as "Wallacd cap")set for the easterninost southeast corner of'said 91,548 acre lease tract, and ` being on the westerly right-of-way(R.O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; j s i THENCE,(Ll) South 47 degrees 35 minutes 59 seconds West,departing the westerly R.O.W.line of said Lime Creek Road,over and across said LCRA 2,352.66 acre tract, a distance of 197.26 feet to a 1/2-inch E iron rod with "Wallace cap" set for the POINT OF BEGINNING and southeast corner of the herein described tract, and being Iocated at Texas State Plane Coordinate grid position N=10,141,746.5897 and E=3,061,132.3847, said point also being on the southerly line of said 91.548 acre least tract, and from which a cut"X"set in concrete marking the northwest corner of that certain called 2.73 acre tract of land '. j described as a Right-Of-Way Easement to Cedar Park Water Supply Corporation, as recorded in Volume 4898, Page 1247, D.R.T.C.T. bears (L2) South 85 degrees 17 minutes 18 seconds East, at a distance of 21.94 feet; i THENCE,North 85 degrees 17 minutes 18 seconds West,with the southerly-line of said 91.548 acre lease f l tract,and continuing over and across said LCRA 2,352.66 acre tract,at a distance of 189,41 feet passing a e 1/2-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract,and continuing in all a total distance of 412.60 feet to a calculated point for the southwest corner of the herein described tract; i THENCE,departing the southerly[hie of said 91.548 acre lease tract,over and across said LCRA 2,352.66 i acre tract and said 91.548 acre lease tract,the following two(2)courses and distances; 1) North 65 degrees 23 minutes 27 seconds East,a distance of 387.07 feet to a calculated point for the northernmost corner of the herein described tract; f E { 1 1 777 3 Page 1 of 3 9 t Z L s. Exhibit" "(continued) i Description of a 4.898 acre tract i 2) South 16 degrees 54 minutes 28 seconds Bast, a distance of 203.89 feet to the POINT OF BEGINNING and containing 0.898 acres (39,104 square feet)of land,more or less,based on the survey and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July and August of 2013. i Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. f. A drawing of even survey date herewith accompanies this metes and bounds description. ! 1,Daniel M.Flaherty,Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an : actual survey of the properly performed on the ground and that the same is true and correct. i i andel M.Flaherty,R.P.L.S.#5004 The Wallace Group,Inc. ��OF.� One Chisholm Trail,Suite 130 gyp;•pisr ' Round Rock,Texas 78681y,Q� �4 1 Ph.(512)248-0065 DANtEtlM� LAHERTY ;. 22951-FN02.doc l: 5004 - i tJR t. i- t ' i i Page 2 of 3 i I i C/ j DAUWIffG TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF SUBSURFACE TUNNEL 'A' EASEMENT (0.898 ACRE) SITUATED IN TILE EAST TAMAS RAILROAD COMPANY SURVEY j NO, 64, TRdWS COUNTY TEXAS, AND BRINC A PORTION OF A CALLED 91.6.18 ACRE LEASE TRACT D$SCRIBBD IN FIELD NOTES PREPARED BY YGTFER COLORADO RIVER AUTHoRrrY (UIVBECORDBD), AND ALSO BEING A PORTION OF TJL4T CEP.TAIN CALLED 2,362.56 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LO)PER COLORADO RIPER I i AUTHORITY, RECORDED IN VOLUME f168, PAGE f20 OF TIE DEED RECORDS OF TRAVIS COUNTY, TEXAS i LEGEND • = FOUND 1/2"IRON ROD (UNLESS OTHERWISE NOTED) ' r= FOUND TRAVIS COUNTY ALUIMINUM 0]SC F. O a 1/2' IRON ROD VATH ORANGE PLASTIC CAP 1 ' STAMPED "WALLACE'GROUP" SET(UNLESS 1 . OTHERVASE NOTED) i �.. CALCULATED POINT — -- — i D.R.T.C.T.- DEED RECORDS,TRAVIS COUNTY, TEXAS ��Lgdp 5p I APPROXIMATE OF SURVEY UN r N OB'45'26"E—389.74' $ C) •-l GO j R= B15.47' L= 154.01' I C8= S�028'p9" E CALLED 2352.66 ACRES I CALLED 91,548 ACRE LEASE TRACT :'tii'ti :s:i::'r LOWER COLORADO RIVER AUSHORITY �O DESCRIBED IN FIELD NOTES PREPARED 8Y ..:1.B85.ACRE.' VOLUME 1156, PAGE 120 a LOWER COLORADO RIVER AUTHORITY TRACT O.R.T.C.T. ad (U NRECORDED) EIAG A PORTION OF n, L RkR CALLED 2,352 66 ACRES TO N F LOWER COLORADO RIVER AUTHORITY p ',b VOLUME 1188,PAGE 120 }''� i' d S 1713'40"E 218.59' I D,R 7:C T. -. J AND A PORTION OF I. FIELD NOTE CALLED 20.8 ACRES TO i LO1`iFA COLORADO RIVER AU1HORlTY CO3fM.ENCING E VOLWAE 1110, PAGE 377 ti. POINT D,R.7,C,T. aT' i:N.ii:: r. -'r Y 39'1 ........•ti'rii•.-•:...•• GRID N. 10,141,879.6043 �. it O��:::.j' r::..•::• GRID E: 3,061.27$0499 �. W w tt 652 NNE].'A'EASEMENT m; ..... 0.698 ACRES �? oq (39,104 S4. FT. PDR110N OF Gl .70 q CALLED 2,352.66 ACRES N 84'17'28" ] 3"FE LOWER COLORADO RIVER AUTHORITY CALL.EO 2,352,66 ACRES W- 4'12.60' POST VOLUME 1168, PAGE 120 a t LOWER COLORADO RIVER AUTHORITY CUT D,R,T,C.T. w•m VOLUME 1166, PAGE 120 !z O.R.T.c,T. FTZ�ZU NOTE SET �9 POINT OF - ci BEGrNN7NC •p 9P o, i GRID N' 10,141.746.5897 + Of]Tc]iAL NOTES: GNO e 3 D61,1323B47 �Yp o 9�� O F 1,) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. G 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS.EASEMENTS a'C'O�¢ g AND COND111ONS THAT MAY BE APPUCABLE. p fir. �4 Qh 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. •4s f pA,Y -ip U+ NUMBER S 473S59N W Df9TANCE 4. )THIS DRAWING IS ACCOMPANIED BY A 2AEIES do BOUNDS DESCRIPTION. C o F A p D 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE a��y �A yf L2 S 8517'18" E 21.9,V t. L � SYSTEM(CENTRAL ZONE,NAD83)tYHLCH IS BASED ON LE1CA'S �� Afi. �Y�, L3 S 67'24'35'E 59.72' (- CENTRAL TEXAS GPS COOPERAMVE CORS RTK NEMRK. � ' � L4 N 74'03'27"E 59.66' GIS 6. COORDINATES SHOWN ARE GRID AND DISTANCES SHDWH ARE SURFACE. Ln The Wallace Group, Inc. One Chl9holm Troll, Suite 134, Round Rock, Texan 78681 (512) 248-0065 OF,r� Engineers ■ Architects w Planners m Surveyors �`?;•GI�TE� N T1�PE F-54 Waco * Killeen * Dallas * Round Rock •. o RANIEL M.FfAHERTY I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL. KNOWLEDGE AND EEUEF THAT t' o THIS PLAT AND THE SURVEY UPON! WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND SURVEYS IN THE STATE OF TEXAS. THIS THE 6TH DAY OF AUGUU 2013 '�'Q-•..•• � stJR� � m r ;. SURVEYED; 06-25-2013 ANIEL AHE TY RP 0. 04 3 OF 3 t 0 200 1 0 PLAT NO. A-4602 AFT DATE 08—•06-2013 DRAWN BYSRM 0. SCALE WORK ORDER NO. 22951 FIELDBOOK/PG. 174 23 TAB P A-4802 cr; Q 2013 ALL RIGHTS RESERVED DIGITAL FILE 2,,2851R.—SITE 8—TUNNEL F/N 22951—FN02 s• 6 r lEXi3}BIT Subsurface Tunnel 93'Basement ARTE,8 AND BOUNDS DESCRIPTION § OE A 2.656 ACRE TRACT OF LAND S;CI'UATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO.54, W.C.DOYLE SURVEY,ABSTRACT NO.2,626,AND FRANCIS HARRIS SURVEY NO.516, TRAVIS COUNTY,TEXAS BEING A 2.656 ACRE (115,710 SQUARE FOOT) TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, W.C. DOYLE SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 516,TRAVIS COUNTY, TEXAS; SAID 2.656 ACRE TRACT BEING A PORTION OF THK1'CE1;VrALN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED);AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RICER AUTHORITY (CERA), AS RECORDED IN VOLUME 1168,PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS(D.RT.C.T.) t AND A PORTION OF THAT CERTAIN CALLED 20.8 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, AS RECORDED IN VOLUME 1110, PAGE 377, D.R.T.C.T.; SAID 2.656 ACRE-TRACT BEING MORE PAR'T'ICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: 3 1 COAI1q NCWG at a 112-inch iron rod with orange plastic cap stamped 'Wallace Group" (hereafter E. referred to as"Wallace cap")set for the easternmost southeast corner of said 91.548 acre lease tract, and l being on the westerly right-of-way(R,O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N--10,141,879.6043 and E=3,061,278.0499; THENCE,(Ll)North 38 degrees 14 minutes 56 seconds West,departing the westerly R.O.W.line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 398.74 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract, and being located at Texas State Plane Coordinate,grid position N=10,142,192.7447 and E=3,061,031.1977, and from which a 1!2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as"Wallace cap") set bears (L4) South 73 degrees 05 minutes 32 seconds West,at a distance of 32.94 feet; THENCE,North 45 degrees 47 minutes 31 seconds West,continuing over and across said 91.548 acre Iease tract, and traveling partway over and across said LCRA 2,352.66 acre tract and partway over and across said LCRA 20.8 acre tract, a distance of 1,112.50 feet to a calculated point for the westernmost comer of fthe herein described tract,said point being on the northwesterly line of said 91.548 acre least tract,same being the northwesterly line of said LCRA 20.8 acre tract; . THENCE,(L2) North 25 degrees 24.minutes 51 seconds East,with the northwesterly line of said 91.548 t acre lease tract and said LCRA 20.8 acre tract, a distance of 105.63 feet to a calculated point for the r. northernmost corner of the herein described tract; i i $ l Page l of 3 S 5 1 i f I I i Exhibit`all (continued) k Description ofa 2.656 acre tract i TEENCE,South 45 degrees 47 minutes 31 seconds East,over and across said 91,548 acre lease tract,and traveling partway over and across said LCRA 20.8 acre tract and partway over and across said LCRA 2,352,66 acre tract,a distance of 1,20I.69 feet to a calculated point for the easternmost corner of the herein ' described tract,and from which a 1/2-inch iron rod with"Wallace cap"set on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road bears (L5)North 73 f degrees 05 minutes 32 seconds East,at a distance of 46.90 feet; i TIENCE, (L3)South 73 degrees 05 minutes 32 seconds West,over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 114.21 feet to the POINT Or, BEGINNING and j containing 2.656 acres(115,710 square feet) of land,more or less,based on the survey and drawing made I by The Wallace Group,Inc.,Round Rock,Texas in July and August of 2013. j Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies'this metes and bounds description. I, Daniel M.Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas,do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. , i aniel I+/I.lalaherty,R1'.L.S.#5004 The Wallace Group,Inc. OF r �P•a�sr '• I One Chisholm Trail,Suite 130 Round Rock,Texas 78681 •••...:.., DANIEL M.FLAHERTY Ph.(512)248-0065 <: mac' 2295I-FN03.doc p:�'o SD04aP 4' i ' S f- . s i ' � I I � I I I r ` Page 2 of 3 1' I I I EXHIBIT " DRAIYING TO ACCOMPANY,SfR71S AND BOUNDS DN8CRrPTI0N OF SUBS'UR6'ACE TUNNEZ 'B' BASEMENT (2.666 ACRES) SITUATED IN THE EAST TEXAS RAILROAD COEIPANY SURVEY NO, 64, IF.C. +. DOYLE SURVEY, ABSTRACT NO, 2626, AND FRANCIS HARRIS S'URYBY NO. 816, TRAFIS COUNTY, TERAS, BEING A PORTION OF A CALLED 91.648 ACRE LEASE TRACT DESCRIBED IN FIELD DOTES,PREPARED DY LOITER COLORADO RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF TEAT CERTAIN CALLED 2:352.66 ACRE TRACT OF LAND DESCRIDED IN A DEED TO xONER COLORADO RIVER AU7'E'ORITY, RECORDED IN Vol. 1108, PACE 120 AND A PORTION OF THAT CERTAIN CALLED 20.8 ACRE TRACT OF LAND RECORDED IN VOL, 1110 PAOR 377 OF THE DEED R.BCORDS OF TRAVIS COUNTY TEXAS LEC,kVD l` DES�a11UM ILLED N S48 FI NOTE RpS RELEASEP 18, •= FOUND 1/2' IRON ROD (UNLESS OTHERWISE NOTED) s LOWER COLORADO �)AUTHOFRITY = FOUND TRANS COUNTY ALUMINUM DISC Doric A peRnaJ OF O= 1/2- IRON ROD WITH ORANGE PLASTIC CAP CALLED 2,352.65 ACRES TO `ry Laya CMORA130 RIVER AUT110RITY STAMPED "WALLACE GROUP" SET - VOLUME 1166,PACE 120 AL= CALCULATED POINT D.R.TC.T D.R.TC.T. = DEED RECORDS, TRAVIS COUNTY, TEXAS i �d AND A PORTION OF CALLED 20.6 ACRES TO 1cpQ LOWER COLORADO RIVER AUTHORITY `ROA g �' 1. VOiUNED1.R.TC,T.PAGE 377 {r, 6 • 1IAg�5�5 yxs; 'Jrfi, '� '�•'��s Go 4. � gN I$ �0 4 APPROXIMATE LOCATION `J �1S F�� OF SURVEY LINE 4 •c ao I . fy gl I N 08'45'26` E— 389.74' 1 y CALLED N( ED �gI I815.47' L�0 13ESMBM IFIELD NOTES PREPARED BY y LOWER COLORADO RIVER AUTHORTY R 0, � A s 8E1N0"AEPaRTDTb}i of Ov1 FIELD NOTE I L= 1s4.01' AS CALLED 2,35266 ACRES TOPOINT OF .. C= 153,78' LOWER COLORADO RIVER AUTHORITY cL L4 cB� 5 10'28'49" E S� Goo VOLUME 1168,PAGE 120 Q BEGINNING O,R.TFT, i GRID N; 10,142,1927447 .y�.,,::•::.•:_: 7 CJD'' E ANDA PORTION OF V GRID E: 3,061,051,1977 t: CAUXD 20 3 ACRES TO .yy:riii;Y' L S 1218'9 E t LOVER COLORADO RIVER AUM40RIlY FIELD NOTE //� i ui VOLUME 1110,PAGE Til :i• ,A D.R.T.FT. COMMENCING < ' 1 ` CALLED 2 352.66 ACRES lj >o CALLED 20.8 ACRES PAINT ''� 1,685 ACR LO'AER COLORADO RIVER AUTHORITY tq o CRID N 10,141,879.6043 :. LOWER COLORADO RIVER AUTHORITY w[w GRID I_ 3,051,278.0499 is .,' } TRACT VOLUME 1168,PACE 120 VOLUME 1110,PAGE 377 �'j :7...... D.R T.0 T �. D.R.TC.T II ro �•� i I(� PORTION OF CALLED 2,352.66 ACRES m•m CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY " LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 VOLUME 1168, PACE 120 D.R.T.C.T. GENERAL NOTE81 D.R.TC.T. s. I.) AL.PROPERTY CORNERS FOUND ARE CONTRCL MONUMENTS, NUMBER DIRECTION DISTANCE 2) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS,EASEMENTS L7 N 3814'56'W 398.74! AND CONOITIONS THAT MAY BE APPUCAOLE L2 N 2524'51"E 105.53' 3.) THE SURVEYOR DID NDT ABSTRACT THE:SUBJECT TRACT. L3 S 73'05'32' W 114.21' 4.) THIS DRAWI140 IS ACCOMPA14TED BY A METES do BOUNDS DESCRIPTION. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE L4 S 73'05'32" W 32.94' m SYSTEM(CENTRAL ZONE.NAD83)WHICH IS BASED ON LEICA'S I L5 N 73'05'32' E 46.90' CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWOM. L6 S 67'24'36' E 59.72' W 6.)COORDINATES SHOWN ARE GRID AND DISTANCES SHOWN ARE SURFACE. L7 N 74'03'27` BS' tK The Wallace Crow, Inc. One Chl6holm Troll, Suit© 130, Round Rock, Texas 78681 (512) 248•-0065 r Engineers 1a Architects in Planners w Surveyors TBPE F 54 Waco * Killeen * Dallas * Round Rock �� .. , �..:N DANIEL M.FLAHERTY { a 1 HEREBY STAT~ THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF T11AT .•. aTHIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 5004 i�* SURVEYS IN THE STATE OF TEXAS. THIS . DAY OF MGM 20136 rL1j.`�,Ss1vl� 65 SDS t 9 SURVEYED. 06--25--2013 DANIEL M. PLANER RPLS No. 9 3 OF 3 19 �ALLRtG�HTSRESERVED 600 PLAT NO. A--4603 DRAFT DATE 08--06-2013 DRAWN 6Y SRM E' I 1 22951 -178 23 SCALE NORK ORDER N0. FIELD$OOK/PG. —� TAl3 � A-4603 0 2013 DIGITAL FILE 22951 R–SITE 8–TUNNEL F/N 229514 03 t. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIDE ANY OR ALL OF THE FOLLOWING INI+ORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE (PUBLIC RECORDS: YOUR SOCIAL,SECURITY NUMBER OR YOUR DRIVE'RS LICENSE NUMBER. SPECIAL WARRANTY DEED LCR,4 to BCR UA;Sandy Creek Park; 1.685 acres STATE OF TEXAS § COUNTY OF TRAVIS § DATE: P ! ,2014 GRANTOR: Lower Colorado.River Authority, a conservation and reclamation district of the State of Texas GRANTOR'S MAILING ADDRESS: P.O. Box 220 Austin,TX 78767-0220 GRANTEE: Brushy Creek Regional Utility Authority, Inc.,a domestic local government corporation of the State of Texas GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock,TX 78664 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY (including any improvements): A tract of land, consisting of 1.685 acres, more or less, out of the East Texas Railroad Company Survey No. 54, Travis County,Texas, more particularly described by metes and bounds and sketch in Exhibit "A," attached hereto and incorporated herein for all purposes. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND'WARRANTY AND RESTRICTIVE COVENANTS: Easements, rights--of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the PROPERTY; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, 1 . conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for the current year, the payment of which GRANTEE assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which GRANTEE assumes. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the PROPERTY,but GRANTOR may extract oil, gas, or other minerals frorn and under the PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE'S use of the PROPERTY. For GRANTOR and GRANTOR's successors and assigns, a reservation of an easement strip twenty (20) feet in width, abutting the high water line of Lake Travis for the purpose of passage and use by the public for public sports and amusements. For GRANTOR and GRANTOR's successors and assigns, a reservation of the right to vary the level, temperature, or quality of GRANTOR-managed rivers, tributaries, and lakes. GRANTOR specifically reserves the right and privilege to store and impound water on, flow water across, and inundate with water at any time and as many times as GRANTOR may see fit all or any part of the PROPERTY that is at or below the 715-foot rnsl elevation contour, without any compensation or liability to GRANTEE. GRANTOR shall not be liable, by reason of floods, flowage, soakage, seepage, erosion, or any other action of water, for any damages on any part of the.PROPERTY which may be caused in whale or in part by the operation or maintenance of any one or more of GRANTOR-managed dams, and the impounding of water thereby, or the failure to impound water thereby, or the releasing of impounded water. At no time other than initial construction, start-up, or during performance of routine or scheduled maintenance of a raw water ptunping station shall GRANTEE allow or permit the sound pressure level of any operation or plant on the PROPERTY to exceed 65 decibels as measured at any given property line of the PROPERTY. All exterior lighting permanently installed on the PROPERTY shall be directed to the area where the light is needed, and shall be shielded from other areas including neighboring tracts and the sky. GRANTEE shall use no more than the minhntum amount of lighting needed to accomplish the purpose for which it is installed. All exterior lighting shall be turned off when not needed, either manually or through use of motion or other sensors. During initial construction, start-up, and during emergency repair activities, however, GRANTEE shall be permitted to utilize whatever lighting is reasonably necessary to effectuate construction or emergency repair of the facilities constructed within the PROPERTY. GRANTEE shall not construct or maintain any habitable structure or building on any part of the PROPERTY which lies below the 715-foot msl elevation contour without obtaining prior, written approval of GRANTOR, and GRANTOR reserves the right to remove, damage or destroy (by action of water or otherwise) all non-approved structures without compensation, liability, or damages. Notwithstanding the foregoing, GRANTEE shall have the express right to construct a raw water pumping station and appurtenances thereto on the PROPERTY, including but not limited-to a.wet well and subsurface raw water transmission facilities situated in whole or 2 in part below the 715-foot msl elevation contour, with GRANTOR having no liability whatsoever for damage to any such underground structures which may be caused in whole or in part by the operation or maintenance of any one or more of GRANTOR-managed dams, and the impounding of water thereby, or the failure to impound water thereby, or the releasing of impounded water. IT IS EXPRESSLY UNDERSTOOD AND AGREED that if on or after December 31, 2030, the PROPERTY is not used or ceases to be used for the construction and operation of a raw water puunping station, GRANTOR shall have the right to reenter and ass-Lune ownership of the PROPERTY, it being the intent of GRANTOR to convey the right, title, and interest described on a condition subsequent. GRANTOR, for the CONSIDERATION and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to GRANTEE the PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE, GRANTEE's heirs, executors, administrators, successors, or assigns forever. GRANTOR binds GRANTOR and GRANTOR's successors and assigns to warrant and forever defend all and singular the PROPERTY to GRANTEE and GRANTEE'S heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully .claiming or to claim the same or any part thereof, except as to the reservations fiom and exceptions to conveyance and warranty, when the claim is by, through, or under GRANTOR,but not otherwise. When the context requires,.singular nouns and pronouns include the plural. LOWER COLORADO RIVER AUTHORITY By: redrick E. Crawfor Manager,Real Estate Services 3 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on this%day of ' �t , 2014, by Fredrick E. Crawford, Manager of Real Estate Services for the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas, on behalf of said district. BENJAMIN D.HAYES Notary public,State of Texas �°Ul1� •, � MFebruarry 27,OMIson 20 fres Notary Public State of Texas After recording, returns to: 4 4 t' I 1 7 METES AND BOUNDS DESCRI3'TTION OF A 3..685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO.54, TRAVIS COUNTY,TEXAS BEING A 1.685 ACRE(73,385 SQUARE FOOT)TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS;,SAID 1.685 ACRE TRACT . BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOUVER COLORADO RIVER AUTHORITY (UNRECORDED);AND I ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND t DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA),AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 1.685 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY IMES AND BOUNDS AS FOLLOWS: t BEGINNING at a 1/2-inch iron rad with orange plastic cap stamped"Wallace Group"(hereafter referred to as"Wallace cap")set for the easternmost southeast corner ofthe herein described tract,same marking the i easternmost southeast comer of said 91.548 acre lease tract, and being on the westerly'right-of-way ## (R.O.W.)line of Lime Creek Road(having a width of 60 feet at this location),-and being located at Texas g State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE, departing the westerly R.O.W. line of said Lime Creek Road, with the southerly line of said t f � 91.548 acre lease tract,over and across said LCRA 2,352.66 acre tract,the following three(3)courses and distances: f 1 ! 1) (L1)South 62 degrees 01 minutes 46 seconds West,a distance of 108.65 feet to a 112-inch iron rod with"Wallace cap"set for an angle point of the herein described tract; 2) (L2)South 12 degrees 37 minutes 51 seconds West,a distance of 37.71 feet to a I12-inch iron rod s I with"Wallace cap"set for an angle point of the herein described tract; } t 3) (L3)South 27 degrees 58 minutes 14 seconds East,a distance of 32.37 feet to a 3-inch galvanized t fence post for an angle point of the herein described tract, said point being on the northerly line of t that certain called 2.73 acre tract of land described as a Right-Of Way Easement to Cedar Park Water Supply Corporation,as recorded in Volume 4898,Page 1247,D.R.T.C.T.; j f I THENCE, (L4) South 62 degrees 01 minutes 46 seconds West, with the common southerly line of said 91.548 acre lease tract and the northerly line of said 2.73 acre tract and continuing over and across said LCRA 2,352.66 acre tract,a distance of 39.38 feet to a out"X" in concrete set for the southermnost corner f j of said 91.548 acre lease tract and the herein described tract, same marking the northwest corner of said 2.73 acre tract; 4 t THENCE,(L5)North 85 degrees 17 minutes 18 seconds West,with the southerly line of said 91.548 acre lease tract,and continuing over and across said LCRA 2,352.66 acre tract,a distance of 21.94 feet to a 112- } inch iron rod with"Wallace cap"set for the southwest comer of the herein described tract,and from which a 1/2-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract bears North 85 x degrees 17 minutes 18 seconds West,at a distance of 189.41 feet; t I f3 Page I o t � 3 I I Exhibit (continued) Description of a 1.685 acre tract THENCE,departing the southerly line of said 91.548 acre lease tract,and continuing over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract,the following two(2)courses and distances: 1) North 16 degrees 54 minutes 28 seconds West,a distance of 456.30 feet to a 1/2-inchiron rod with "Wallace cap"set for the northwest corner of the herein described tract; t 2) North 73 degrees 05 minutes 32 seconds East,a distance of 194.05 feet to a 112-inch iron rod with "Wallace cap"set for the northeast corner of the herein described tract and being on a non-tangent i curve to the left,said point also being on the common easterly line of said 91.548 acre Iease tract and the westerly R.O.W.tine of said Lime Creek Road,and from which a Travis County aluminum ` disc found and as called for in the field notes for said 91.548 acre lease tract bears North 08 degrees 45 minutes 26 seconds East,at a chord distance of 389.74 feet; THENCE, with the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of 1 said Lime Creek Road, and continuing over and across said LCRA 2,352.66 acre tract,the following two (2)courses and distances: i 1) In a Southerly direction, 154.01 feet along the are of said curve to the left, having a radius of t 815.47 feet,a central angle of I0 degrees 44 minutes 15 seconds,and a chord bearing and distance of South 10 degrees 28 minutes 49 seconds East— 153.78 feet to a Travis County aluminum disc F found and as called for in the field notes for said 91.548 acre lease tract for a comer of the herein 1 described tract; 2) South 17 degrees 13 minutes 40 seconds lust, a distance of 218.59 feet to the POINT OF I BEGINNING and containing 1.685 acres(73,385 square feet)of land,more or less,based on the survey and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. I,Daniel M.Plaherty, Registered Professional Land Surveyor No. 5004,State of Texas, do hereby certify € i that this metes and bounds description and exhibit drawing A4600 attached hereto was prepared from an e actual survey ofthe property performed on the ground and that the same is true and correct, I f r I x ;a�ni,dl�erty, S.#5004 � I The Wallace Group,Inc. co One Chisholm Trail,Suite 130 • ••-••�•. DANIEL M.FWHERTY Round Rock,Texas 78681 .. 5004 c . Ph.(5 12)248-0065 22951-F10l.doc &U Page 2 of 3 3 E i EXHIBIT DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 1.685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY'NO. 691 TRA VIS COUNTY, TEXAS, AND BRING A PORTION OF A CALLED 91.546 ACRE LSASS TRACT DESCRIBED IN FIELD NOTES PREPARED By LOWER COLORADO•RIVER AUTHORITY (UNRECORDED), AND ALSO IITTING A PORTION OF i T.@'AT CERTAIN CALLED 2,352.66 ACRE TRACT 07 LAND DESCRIBED IN A DEED TO LOIYBR COLORADO RrmR AUTHORITY, RECORDED IN VOLUME 1188, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS ! LBCXND 1s 0- FOUND 1/2`IRON ROD (UNLESS OTHERWISE NOTED) I (y ®= FOUND TRAVIS COUNTY AIU)ANUM DISC 0- 1/2"IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP"SET(UNLESS OTHERWISE NOTED) 1 A APPROXIMATE LOCATION �- - D.R.TC.T.= DEED RECORDS. TRANS COUNTY, TEXAS j OF SURVEY UNE p ��LL 59�d t1 N 0845.26"E- 369.74' WR Ash S°0Y. 11 o � pA yts g t aw 1D•49'1s• R= B15.47 Lam' 154.01` C+ 153.78' F CB's S 107849" E !. o i OE CR .548 ACRE LEASE TRACT CAU.E0 2,352.66 ACRES is ED 1!74 FlELO NOTES PRf7�ARE0 Z 4T LOWER COLORADO RIVER AUTHORITY BY LOWER COLORADO RIVER AUTHORITY r VOLUME 1188, PAGE 120 (UNRECORDED) a D.R.T.C.T. BEING A PORTION OF x 1.685 E O CAIfFtt 2,352.66 ACRES 70 (39m LOWER COLORADO RIVER AUTHORITY VOLUME 1166, PAGE 120 S 1713'40' E- 218.39' II D.R.T.C.T. T 1 AND A PORTION OF N S CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY o FIELD NOTE VOLUME 1110, PACE 377 POINTD,R,T.C.T. OF F t.to 4� BEGINNING e 7•� CRlO N: M141.879.6013 }, - GRID E: 3,061,278X499 E 1 'alo tr 3' FENCE PORTION OF GALLED 2,352.86 ACRES i ! fEi Ui•c°3 N 85'17'18"W POST LOWER COLORADO RIVER AUTHORITY l 1 -<. CALLED 2,352.66 ACRES 109.41' r VOLUME 1168, PAGE 120 . r7 om' w LOWER COLORADO RIVER AUTHORITY LS D.R.T.C.T, i o 01ci VOLUME 1168,PACE 120 n D.R.T.C.T. CUT"X"SEi I f ci ado GE.HERAL NOTES: 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. �o�P � �1 NUMBER DIRECTION DISTANCE i 2.) SUBJECT TO ANY AND ALL COVENANTS,RESTRICTICNS, EASEMWrs µ L7 S 6ZVI'46" W 108.65' j AND CONDITIONS THAT MAY BE APPLICABLEAPPLICABLEdip o�b9'f'�in'YL2 S 12'37'51'Y! 37.71' i �rfl 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. ��\T X, �v�" p .O 1."d F0 14 L3 S 27'58' "E 32.37' r.) THIS DRAMSIG IS ACCOMPANIED BY A METES&BOUNDS DESCRIPTION. oy PL4 S 62'01'46" W 39.38' Q 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE CODRDINAT L5 N 8517'18" W 21.94' W SYSTEM(CENTRAL ZONE, NAD83)WHICH 15 BASED ON LEICA•S spa <L �yy LS S 87.24'35"E 59.72' IVE CENTRAL TEXAS GPS COOPERATCORS RTK NETWORK. ' L7 N 7 '03'27" E 59,88' ! SJ COORDINATES 5&101574 ARE GRID AND DISTANCES SHOWN ARE SURFACE The Wallace Croup, Inc. One Chl9holm Trali, Suite 130, Round Rock, Toxm 78681 (512) 248-0065 a Engineers s Architects a Planners w Surveyors ro c�sr��, - N TBp� F-5 Waco * Killeen * Dallas * Round Rock .. ......Z6.%.... DANIEL M.FLAHERTY II HEREBY STATE THAT TO THE VEST OF MY PROFESSIONAL KNOWLEDGE AND BEUEF THAT ";� 'g00p tet' � THIS PLAT AND THE SURVEY UPON WHICH IT IS BASRD MEETS THE REQUIREMENTS FOR LAND y•x'0 $1 ?'p� i 1 SURVEYS IN THE STATE OF TEXAS, THIS THE ., s]B _ DAY OF AUGUST 2013 SURVEYED: 06-25-2013 rI 6;AN�ELFdHLRTYRPLS D 4 3 OF 3 s 0 2 4 0 PLAT N0. A-460D DR DATE 08 06-2013 DRAWN VY TAB SCALE WORK ORDER N0. 22951FIELDB04K/PG. 178/23 TAB # AA-1600 ® 2013 ALL RIGHTS RESERVED DIGITAL FILE 22951R-SITE 8 PARCELS F/N # 22951-FNOI I t I i i 1 I i NOTICE OF CONFIDENTIALITY RIGHTS- IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRII(E ANY OR ALL OF TIDE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD MI TIDE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. TEMPORARY CONSTRUCTION EASEMENT LCRA to BCRUA; 0.802 acres STATE OF TEXAS § COUNTY OF TRAVIS § DATE' �j , 2014 GRANTOR: Lower Colorado]Diver Authority, a conservation and reclamation district of the State of Texas GRANTOR'S IslIAILING ADDRESS: P.O. Box 220 Austin,TX 78767-0220 GRANTEE: Brushy Creep Regional Utility Authority, Inc., a domestic local government corporation of the State of Texas GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock, TX 78664 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY : A tract of land, consisting of 0.802 acres,more or less,out of the East Texas Railroad Company Survey No. 54,Travis County,Texas, as described by sketch in Exhibit"A," attached hereto and incorporated herein for all purposes. GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00)cash and other good and valuable consideration to GRANTOR, in hand paid by GRANTEE, the receipt and sufficiency of which is hereby aclarowledged and confessed, and for which no lien or encumbrance expressed or implied is retained,has this day GRANTED and CONVEYED, and by these presents does GRANT and CONVEY unto GRANTEE, a Temporary Construction Easement ("Easement") on the Property to be used as a construction staging area during construction of a raw water pumping station, water transmission facilities, and appurtenances thereto (the "Project"), on property adjacent to the Property. Such use may include temporary access, traffic re-routing, spoils storage, equipment storage, and any and all other i I 1 construction-related uses necessary or desirable to construct the Project on property adjoining the Property.In no event shall GRANTEE construct or install any improvements on the Property. TO HAVE AND TO HOLD the same to GRANTEE,its successors and assigns,together with the right and privilege at all times during the term of this easement to enter the Property for.the above-stated purposes. This grant is made on the condition that GRANTEE and its successors and assigns shall replace or repair any and all damage done to driveways, parking areas, or recreational park amenities within the Property including but not limited to camping sites,picnic tables and drinking fountains to a condition like or better than that existing before the Project; restore the natural grade of the Property to its pre-Project elevation to the extent reasonably practical, and restore the surface of the Property with native grasses or other suitable groundcover to a like condition to that existing before the Project,to the extent such restoration is reasonably feasible. GRANTEE shall be permitted to clear trees and brush on the Property, but only as reasonably necessary for the exercise of the rights granted herein. GRANTEE recognises that the Property is used by GRANTOR as a public park, and GRANTEE shall make all reasonable efforts to preserve as many of the trees on the Property as possible. GRANTEE agrees that GRANTEE shall mitigate for any tree removal from the Property pursuant to the tree mitigation rules and regulations of Travis County,Texas. GRANTEE shall at all tunes comply with GRANTOR'S Highland Lakes Watershed Ordinance (or any successor ordinance), as it may be amended from time to time, to the extent such ordinance is applicable to GRANTEE'S activities on the Property. Further, GRANTEE shall conduct all of its activities on the Easement Property in Rill compliance with all applicable federal, state, and local laws and ordinances. The rights conveyed in this Temporary Construction Easement shall commence on the day that is 30 days after GRANTOR'S receipt of written notice from GRANTEE that GRANTEE intends to enter the Property and begin construction of the Project on adjoining property and shall automatically expire upon the earlier of (a) completion of the Project, (b) five (5) years from the date the Temporary Construction Easement commences, or (c) August 31, 2030. Prior to beginning any work on the Property, GRANTEE shall construct a perimeter fence around the Property sufficient to ensure the safety of the public. GRANTEE shall maintain the fence in good condition during the term of this Easement. This Easement is made and accepted subject to all easements, restrictions and other matters of record in the Real Property Records of Travis County,Texas. LOWER COLORADO RIVER AUTHORITY BY• Fredrick E. Ca•a rd Manager, Real Estate Services 2 ACKNOWLEDGMENT TIME STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on this--Z'-% da '1 y of��,2014, by Fredrick E. Crawford, Manager of Real Estate Services for the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas, on behalf of said district. p l BENJAMIN b .a`. . NAPES Notary Public,State of Texas a•, %= My Commission Expires Notary Public, State of Texas February 27, 2416 3 TENANT'S CONSENT Travis County,being the holder of a leasehold interest in the herein-described Property and affected by the easement use of the Property,does hereby consent to this Temporary Construction Easement, its contents, and to the recording of same. Tenant disclaims its right of exclusive possession and use of the Property, as defined in the Lease Agreement by and between Grantor and Travis County, as to the easement rights and interests of the Grantee,and Grantee's successors and assigns. This consent shall not be construed or operate as a release or modification of the terms of the Lease Agreement, or any part thereof, except as to Tenant's consent to the conveyance of the easement interests as described herein. Executed this day of Ar t j 1 9 ,201y Tenant: Travis County Ey '6,n".� r_ Samuel T.Biscoe-,County Judge ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on this oQn_day ofB �L)_L,2014,by Samuel T. Biscoe,County Judge of Travis County, on behalf of Travis County. *�YNN MELISSA VELASQUEZ _ _ +*` MY COMMISSION EXPIRES Notary Public, State of Texas a March 9,201B After recording,return to: 4 g r EXFIIB�T " " DRAWING! OFA TEMPORARY CONSTRUCTION EASEWNT (0.802 ACRS) i SITUATL"D IN THRs EAST TEXAS RAILROAD CoMpANy SURVEY N0. 54, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OP A CALLED 31,548 ACRE LEASE TRACT DNSCRIBBD IN .FIELD NOT.PsS PR•E'•PARED BY.LOWR1? COLORADO R.(V.d'R AUTHORITY (UNRECORDED), AND ALSO $t3YNG A PORTION Op THAT CERTAIN CALLED 2,362,66 ACBE TRACT OF LAND DESCRIB.SD IN A DEED TO LOWER COLORADO RMsR AUTHORITY, RECORDED IN VOLUME ff88 PUB 120 OF TSE DEED RECORDS OF TRAVIS COUNTY TFXAS i° l LEGEND FOUND 1/2'IRON ROO (UNLESS OTHERWISE NOTED) FOUND TRAVIS COUNTY ALUMINUM DISC 0— I/V IRON ROD VATH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP"SEI' _ 4 0.R,T.C.T- DEED RECORDS, TRAVIS COUNTY,'IMS l—� '4 '1' (rJ APPROXIMATE LOCATION•-- w OF SURVEY LINE 1. �( �goApyd r N 16'51'32"E— 762,68' F s STRUOITON A�gQ �I$S) N EASEMENT N d� 1612'16' 0\y x R-815.0 D L= 230.63' Gow TO NTS � C= 229,86' a S 73`05'32' W CB-S 03.01'55"W 53.06' ' S 10'28'49'E-153.78' a � .•.�3ro532 •.: CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY {UNRECOROED) rte ; BEING A PORTION OF :'� . .. a CALLED 2,352.06 ACRES TO `,n CALLED 2,357.88 ACRES LOWER COLORADO RIVER AUTHORITY =••• -•:::.'. �y LOWER COLORADO D2,3 RIVER AUTHORITY VOLUME 116SD.R.T.C.T. PAGE 120 VOLUME 1168,PACE 120 D.R.ORTIO D.R.T.C.T. • AND A PORTION OF CALLED 20.8 ACRES TO `E LOWER COLORADO RIVER AUTHORITY VOLUME 1110PAGE 377 I D.R.T.C.T. f V.m O �D m w w PORTION OF a CALLED 2,352.60 ACRES e. rn ¢ LOWER COLORADO RIVER AUTHORITY CALLED 2,352.66 ACRES VOLUME 1166, PAGE 120 ft1 �� C D.R.T.C.7. C LDVIFlt COLORADO RIVER AUTHORITY VOLUME 1168, PACE 120 p• ri D.R.T.C.T. o� CENtAL t10TE5 ° F, OF s 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTMONUMENTS. • 1 '-1 ��:•'••T�`'' { DS 2.) SOE14ECT r0 ANY AND ALL COV>NANS,RESTRICTIONS,EASEMENTS jo 0X09 tn9 a AND CONDITIONS THAT MAY BE APPUGABIJ: 0�� :4 ,�:;YN 1 €€ 0 3.) THE SURVEYOR DID NOT-ARSTRACT THE SUBJECT TRACT, .+r y �r�'� DA141EL�M.FIAHERTy �. c •k) 6EARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE ' ` •� SYSTEM(Cs NTRAL'ZONE,NA083)VhNCH IS BASED ON LEfCA'S < <�� 6004 Ts CENTRAL TEEMS CPS COOPERATIVE CORS RTK NETWORK. 5.) DISTANCES SHOWN ARE SURFACE. �� Q�'�R� i M The Wallace Group, Inc.Ie,8 r, r� r a One Chlahofm Trail, Suite 130, Round Rock, Toxna 78681 (512) 248-0055 Engineers a Architects m Planners m Surveyors TBPE F-54 Waco * Killeen * Dallas * Round Rock 1 OF 1 Dffilloqm WHEN=Op 4no PLAT EXHIBIT:.:::. .: DRAFTDATA;O8-06--2013 DRAWN BYE- I SCALEWpR „ k ' �.; ; ii� ;rr ,; FIELD800K/PG. 178/2-3 TAB A-4601 E a7 2013 ALL RIGHTS RESERVEDDIG1T BPA CELS FIN N1p, k' • _a:, ,�..,nor S:- .- �: i .EXHICBIT cs�» F METES AND BOUNDS DESCRIPTION Or, A : 1..685 ACRE TRACT OF LAND f: SX'X VA.TED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO.54, TRAVIS COUNTY,TEXAS e' E f BEING A I.685 ACRE(73,385 SQUARE FOOT)TRACT OF LAND SITUATED IN TIDE LAST TEXAS j RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS; SAID 1.685 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE'LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY(UNRECORDED);AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND . DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY(LCRA),AS RECORDED €. IN VOLUba 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAM 1.685 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS FOLLOWS: I ; BEGINNING at a 1/2-inch iron rod with orange plastic cap stamped "Wallace Group"(hereafter referred to as"Wallace cap")set for the easternmost southeast cower of the herein described tract,same marking the k eastexnrnost southeast corner of said 9I.548 acre lease tract, and being on the westerly right-of-way (R.O.W.)line of-Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=1 0,141,879.6043 and]E=3,061,278.0499; I THENCE, departing the westerly R.O.W. line of said Lime Creek Road, with the southerly line of said . 91.548 acre lease tract,over and across said LCRA 2,352.66 acre tract,the following three(3)courses and distances: 1) (Ll)South 62 degrees 01 minutes 46 seconds West,a distance of 108.65 feet to a 1/2-inch iron rod i with"Wallace cap"set for an angle point ofthc herein described tract; 2) (L2)South 12 degrees 37 minutes 51 seconds West, a distance of 37.71 feet to a 1/2-inch iron rod with"Wallace cap"set for an angle point of the herein described tract; 3) (L3) South 27 degrees 58 minutes 14 seconds East,a distance of 32.37 feet to a 3-inch galvanized fence post for an angle point of the herein described tract,said point being on the northerly line of that certain called 2.73 acre tract of land described as a Right-Of--Way Easement to Cedar Park Water Supply Corporation,as recorded in Volume 4898,Page 1247,D.R.T.C.T.; TBENCE, (L4) South 62 degrees 01 minutes 46 seconds West, with the common southerly line of said j 91.548 acre lease tract and the northerly line of said 2.73 acre tract, and continuing over and across said LCRA 2,352.66 acre tract,a distance of 39.38 feet to a cut"X"in concrete set for the southernmost coiner of said 91.548 acre lease tract and the herein described tract, same marking the northwest corner of said j 2.73 acre tract; THENCE, (LS)North 85 degrees 17 minutes 18 seconds West,with the southerly line of said 9I.548 acre t j JeRse tract,and continuing over and across said LCRA 2,352.66 acre tract,a distance of 21.94 feet to a 1/2- inch iron rod with"Wallace cap"set for the southwest corner of the herein described tract,and from which a 1/2-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract bears North 85 degrees 17 minutes 18 seconds West,at a distance of 189.41 feet; 9 s Page 1 of3 . t i 17 i. 1 I , t li i ( i 1 i i i Exhibit"f�,"(continued) Description of a 1.685 acre tract THENCE,departing the southerly line of said 91.548 acre lease tract,and continuing over and across said ►` LORA 2,352.66 acre tract and said 91.548 acre lease tract,the following two(2)courses and distances: 1 1) North 16 degrees 54 minutes 28 seconds West,a distance of 456.30 feet to a 1/2-inch iron rod with i "Wallace cap"set for the northwest corner of the herein described tract; t ' 2) North 73 degrees 05 minutes 32 seconds Bast,a distance of 194.05 feet to a I/2-inch iron rod with "Wallace cap"set for the northeast corner of the herein described tract and being on a non-tangent curve to the left, said point also being on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W.line of said Lime Creek Road,and from which a Travis County aluminum ! disc found and as called for in the field notes for said 91.548 acre lease tract bears North 08 degrees ' 45 minutes 26 seconds East,at a chord distance of 389.74 feet, i TI3BNCE, with the common easterly line of said. 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road, and continuing over and across said LCRA 2,352.66 acre tract,the following two { s (2)courses and distances: i 1 1) In a-Southerly direction, 154.01 feat along the aro of'said curve to the left, haAag a radius of 815.47 feet,a central angle of 10 degrees 49 minutes 15 seconds,and a chord bearing and distance of South 10 degrees 28 minutes 49 seconds East— 153.78 feet to a Travis County aluminum disc r found and as called for in the field notes for said 91.548 acre leasetract for a comer of the herein described tract; 2) South 17 degrees 13 minutes 40 seconds East, a distance of 218.59 feet to the POINT OF s BE,GINNING and containing 1.685 acres(73,385 square feet) of land,more or less,based on the � survey and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on ! Leica's Central Texas GPS Cooperative CORS RTIC Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. 1,Daniel M. Flaherty,Registered Professional Land Surveyor No, 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4600 attached hereto was prepared from an i actual survey of the property performed on the ground and that the same is true and correct. OPF aniel M.Faherty,R.P.L.S.#5004 •C� rsc The Wallace Group,Inc. i One Chisholm Trail,Suite 130 '4• ......gam bAN(ELM.FGAHER7Y Round Rock,Texas 78681 5004 Ph.(512)248-0065 fp2.osstgl'�'p�" 22951-FNOi.doc Page 2 of 3 F Z i t EXHIBIT " s DRA)YINC TO ACCOMPANY ME2'ES AND BOUNDS DTSSCRIPTION OF A 1.686 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 64, TRAVIS � COUNTY, TEXAS, AND BEING A PORTTON OF A CA.LLCD 91.648 ACRE LEASE TRACT DESCRIBED IN Frnx, NOTES PREPARED 13Y LOWBR COLORADO'RIVER AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLZ'D 2,362.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIt'ER AUTHORITY, RfiCORD.E'D IN VOxUME 1168, ,PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS LEGEND Cp • G FOUND Ile IRON ROD (UNLESS OTHERWISE NOTED) ) ) ®.. FOUND TRAVIS COUNTY ALUMINUM DISC 0= 1r2"IRON ROD WTH ORANGE PLASTIC CAP r STAMPED"WAU.ACE GROUP" SGT(UNLESS t OTHERHISE NOTED) — —- T — D.R.T,C.T.= DEED RECORDS, TRAMS COUNTY, TEXAS 1 APPROXIMATE LUCATION--✓ OF SURVEY LINE j8a�D6A xis E��E 0- 1 N OS'45'2s" E- 389.74' UZI Gp o5 � � a- 1o'as•1s' I R= 815.47' �N. �73p532 Ly 15x.01' ' Cy 153.78' p CO- S 10'28'49" E IL CALLED 51.548 ACRE LEASE TRACT CALLED 2,36268 ACRES LOWER COLORADO RIVER AUTHOR)Ty DESCRIBED IN FIELD NOTES PREPARED 2 VOLUME 1168, PACE 120 BY LOWER COLORADO RIVER AUTHORITY O.R.T.G,L (UNREC(1900) BEING A PORTION OF 1. 83 E CALLED 2,352.66 ACRES TO 3M SQ.FS: LOWER COLORADO RIVER AUTHORITY VOLUME 1188, PAGE 120 D.R.T.C.T. S 1713'40" E » 216.59' AND A PORTION OF ' CALLED 2D.8 ACRES TO LOWER COLORADO RIVER AUTHORITY FIELD NOTE VOLUNE 1110, PACE 377 C D.R.TC.T. POINT OF . W-� �� BEGINNING 7 43 CF 0 E: .3,06127D 0490 1% -3"FENr,E PORTION OF +e CALLED 2,35266 ACRES N B5y7'?8"1V~ POST LOK£R COLORADO RIVER AUTHORITY CALLED 2,352.66 ACRES ?86.41' r VOLUME 1168, PAGE 120 r� co LOWER COLORADO RIVER AUTHORITY LS r D.R TC.T. f VOLUME 1188, PAGE 120 �0,, qq_ D.R.T.C.T. CUT"X" SET c ` 0 9 C m GENERAL NOTES 48� 7p m 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. T n s ��N ✓ NUMBER pIREC710N DISTANCE 2.) SUBJECT TO ANY AND ALL COVENANTS.RESTRICTIONS. EASEMENTS 0A�r�y LI S 627)1x6'W DISTANCE ' AND CCNOITION5 THAT MAY B£APPLICABLE. �Lo, `s �n�^q0 L2 S 12'37'51'w 37.71' 3., THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. �� s9��'�n� L3 S 27'S8'la"E 32.37' I � 4. THIS DRAMNG IS ACCDMPANIED BY A MEMS &BOUNDS DESCRIPTION. S 8201'46'w 39.38' 0 Q5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE L4 Ea SYSTEM(CENTRAL ZONE,NA083)WFUCH IS BASED ON LaGA'S y AA '�` L5 N 85'17'18"V1 21.94' 1 CENTRAL TEXAS GPS COOPERATIVE CORS RTK NET'NORK. �� f�' LG S 57'24'35" E 59.72' 6J CCORDINAT85 SHOW!ARE CRIO AND DISTANCES SHORN ARE SURFACE, L7 N 747OV27' E 59.86' I tt w The Wallace Group, Mc. - rn One Chisholm Trail, Suite 130, Round Roch, Toxoa 78681 (512) 2480065 Englneers a Archttects It Planners m Surveyors ��:• �sT', . •;� THPE 54 Waco * Killeen * Dallas * Round Rack ................. DANIEL M:FLAHERTY i I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT a" a THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND I i SURVEYS IN THE STATE OF TEXAS. THIS THE . 6'TH t_ DAY OF A� � �7 2013 r, M SURVEYED: 06-25-2013 k AN EL-}1. HERTY RPLS N 1) 3 DF 3 ! 0_ 200 400 DR 1 DATE 08--06-'2013 DRAWN BY TA8 SCALE E 1�B�T 1 FIELDBOOH/PG. 178/23 TAB # A-4600 CI 2013 ALL RIGHT'S RESERVED e .`;._.... SITE 8 PARCELS F/N _ 22951—FN01 I. I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. SUBSURFACE EASEMENT LCRA to BCR UA;Sandy Creelc Park; 0.898 and 2.656 acres STATE OF TEXAS § COUNTY OF TRAVIS § DATE: �1 ,2014 GRANTOR: Lower Colorado River Authority, a conservation and reclamation district of the State of Texas GRANTOR'S MAILING ADDRESS: P.O. Box 220 Austin, TX 78767-0220 GRANTEE: Brushy Creek Regional Utility Authority, Inc., a domestic local government corporation of the State of Texas GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock,TX 78664 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acluaowl edged. Easement Property A: that certain tract of land consisting of 0.898 acres, more or less, out of the East Texas Railroad Company Survey No. 54, Travis County, Texas, more particularly described by metes and bounds and sketch in Exhibit "A," attached hereto and incorporated herein for all purposes; and Easement Property B: that certain tract of land consisting of 2.656 acres, more or-less, out of the East Texas Railroad Company Survey No. 54, Travis County, Texas, more particularly described by metes and bounds and sketch in Exhibit "B," attached hereto and incorporated herein for all purposes, . 1 For purposes of this document, the term "lEaseineint Property" shall be used when necessary or convenient to refer to Easement Property A and Easement Property B collectively. SUBSURFACE EASE ME, 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, changing, modifying, or repairing subsurface raw water transmission 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 as follows: (i) the rights in Easement Property A are limited to that part of the subsurface lying at or below 550' msl, and (ii) the rights in Easement Property B are limited to that part of the subsurface lying at or below 605' msl. In no event shall GRANTEE have the right to use the surface of the Easement Property for drilling, boring, excavation, or any other use, except that Grantee shall be perinitted to do geotechnical testing, including soil and surface testing and boring, prior to construction of the underground transmission facilities. After completion of any and all such geotechnical testing, Grantee shall restore the surface of the Easement Property to the condition it was in immediately prior to the testing. Grantee shall not place or construct any above-ground facilities or appurtenances whatsoever upoir the surface of the Easement Property. RIGHTS AND Rr4,SERVATIONS OF GRANTOR: GRANTOR shall retain all existing rights to use the surface of the Easement Property for any and all purposes, including without limitation the right to place buildings or other permanent structures on the surface of the Permanent Easement as long as excavation for said improvements does not exceed 25' (feet) beneath existing grade, and to the extent such placement of buildings or other permanent structures does not endanger or unreasonably interfere with the rights granted to Grantee herein. 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 on 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 or other means which do not unreasonably interfere with or disturb the rights granted to GRANTEE herein. 2 GRANTOR expressly reserves the right to vary the level, temperature, or quality of GRANTOR-managed rivers, tributaries, and lakes. GRANTOR specifically reserves the right and privilege to store and impound water on, flow water across, and inundate with water at any time and as many times as GRANTOR may see fit all or any part of the PROPERTY that is at or below the 715-foot msl elevation contour, without any compensation or liability to GRANTEE. GRANTOR shall not be liable, by reason of floods, flowage, soakage, seepage, erosion, or any '. other action of water, for any damages on any part of the Easement Property and/or any facilities constructed under the Easement Property which may be caused in whole or in part by the operation or maintenance of way one or more of GRANTOR-managed dams, and the impounding of water thereby, or the failure to impound water thereby, or the releasing of impounded water. OBLIGATIONS OF GRANTEE: GRANTEE shall at all times comply with GRANTOR'S Highland Lakes Watershed Ordinance (or any successor ordinance), as it may be amended from time to time, to the extent such ordinance is applicable to the construction, installation, operation, maintenance, and removal of any part of GRANTEE'S facilities. In addition, GRANTEE shall implement a GRANTOR-approved water quality monitoring and turbidity control plan for any work performed underwater that will disturb the lakebed. Said plan must be submitted to GRANTOR for review and approved in writing by GRANTOR prior to GRANTEE'S beginning any work below the 681 foot contour, Further, GRANTEE shall conduct all of its activities in full compliance with all applicable federal, state, and local laws and ordinances. EXCLUSIVITY: GRANTEE's easement rights within the subsurface of the Easement Property (at or below 550' msl for Easement Property A and at or below 605' nisl for Easement Property B) shall be exclusive. SUCCESSORS AND ASSIGNS;TERMINATION: The rights and obligations of GRANTEE in this Subsurface Easement shall be and are appurtenant to that certain 1.685-acre tract of land (the "Pump Plant Site") conveyed to GRANTEE from GRANTOR by Special Warranty Deed dated of even date herewith. This instrument, and the terns and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their heirs, successors, and assigns. This Subsurface Easement shall terminate and all of GRANTEE'S rights in the Easement Property shall revert to GRANTOR in the event the Pump Plant Site reverts to GRANTOR. WARRANTY: Subject to existing matters of record affecting the Easement Property, GRANTOR warrants and shall forever defend this Subsurface Easement to GRANTEE against anyone 3 lawfully claiming or to claim the Permanent Easement or any part thereof when the claim is by, through, or under GRANTOR,but not otherwise. 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. LOWER COLORADO RIVER AUTHORITY By; redrick E. Crawfo Manager, Real Estate Services ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on this � day of ,2014, by Fredrick E. Crawford, Manager of Real Estate Services for the Lower Colora o River Authority, a conservation and reclamation district of the State of Texas, on behalf of said district. µ1I11/II BENJAMIN N. HAYES Notary Public, State of Texas _ 6= Notary Public,state of Texas <• .ay; My Commisslon Expires February 27,2016 4 TENANT'S CONSENT Travis County,being the holder of a leasehold interest in the herein-described Property and affected by the easement use of the Property,does hereby consent to this Temporary Construction Easement,its contents,and to the recording of same. Tenant disclaims its right of exclusive possession and use of the Property, as defined in the Lease Agreement by and between Grantor and Travis County, as to the easement rights and interests of the Grantee, and Grantee's successors and assigns. I This consent shall not be construed or operate as a release or modification of the terms of the Lease Agreement, or any part thereof, except as to Tenant's consent to the conveyance of the easement interests as described herein. I Executed this day of ,20 jel Tenant: Travis County By: _ �j:�dge� Sarzzuel T. I3iscoeCounI i i ACKNOWLEDGMENT i THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on this day of ,2014,by Samuel T. Biscoe,County Judge of Travis County,on behalf of Travis County. MELISSA VELASQUEZ MY COMMISSION EXPIRES lota(Nxy- Public�Stat'e March 9,2018 After recording,return to- 5 Subsurface Tunnel'A'Easement i r: METES AND BOUNDS DESCRIPTION 03F A. i. 0.898 ACRE TRACT OF LA" f: SITUATED IN TBI;EAST TEXAS RAILROAD COMPANY SURVEY NO.54, t. TRAVIS COUNTY,TEXAS I i I BEING A 0.898 ACRE(39,104 SQUARE FOOT)TRACT OF LAND SITOATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS; SAID 0.898 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN I I FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY(UNRECORDED);AND ' ALSO 13BING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY(LCRA),AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS OF- TRAVIS COUNTY, TEXAS (D.RT.C.T.); SAID 0.898 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES s` ! AND BOUNDS AS FOLLOWS: I COMAIJENCING at a 1/2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap")set for the easternmost southeast corner of'said 91,548 acre lease tract, and being on the westerly right-of-way(R.O.W.) line of Lime Creek Road (having a width of 60 feet at this I location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278,0499; THENCE,(Ll) South 47 degrees 35 minutes 59 seconds West, departing the westerly R.O.W.line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract,a distance of 197.26 feet to a 1/2-inch iron rod with "Wallace cap" set for the POINT OF B EGINNING and southeast comer of the herein described tract, and being located at Texas State Plane Coordinate grid position N=10,141,746.5897 and . E=3,061,132.3847, said point also being on the southerly line of said 91.548 acre least tract, and from which a cut'W"set in concrete marking the northwest corner of that certain called 2.73 acre tract of land described as a Rigbt•Of--Way Easement to Cedar Park Water Supply Corporation, as recorded in Volume 4898, Page 1247, D.R.T.C.T. bears (L2) South 85 degrees 17 minutes 18 seconds East, at a distance of 21.94 feet; t I 1 c THENCE,North 85 degrees 17 minutes 18 seconds West,with the southerly-line of said 91,548 acre lease f tract, and continuing over and across said LCRA 2,352.66 acre tract,at a distance of 189.41 feet passing a i 112-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract,and continuing in jall a total distance of 412.60 feet to a calculated point for the southwest corner of the herein described tract; ' I t i THENCE,departing the southerly[hie of said 91.548 acre lease tract,over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract,the following Wo(2)courses and distances: 1) North 65 degrees 23 minutes 27 seconds East,a distance of 387.07 feet to a calculated point for the northernmost comer of die herein described tract; t 3 I l � Page l of 3 r i I c I F ' i 1 s Rxhibit" "(continued) Description of a 0.698 acre tract ; 2) South 16 degrees 54 minutes 28 seconds East, a distance of 203.89 feet tothe POINT O-F 13EGrNNING and containing 0.898 acres(39,104 square feet)of land,more or less, based on the t survey and drawing made by The Wallace Group,Inc.,Round Rock,'Texas in July and August of i 2013. Bearings are based on the Texas State PIane Coordinate System(Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. r- ! ! 1,Daniel M.Flaherty,Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify f that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. ! I f x k aniel Iv[.FIaherty,R.P.L,S.#5004 The Wallace Group,Inc. �OF T i One Chisholm Trail,Suite 130 P••is r ' Round Rock,Texas 7868'1y;; 4t o r N Ph.(512)248-0065 DANIEL M.FLAHER Y 22951-FN02.doe t" •6004 TTT rr pp I �Q (-r> G t 1 F i i i � ! I { i i 1 3 1 � 1 Page 2 of 3 S y F FP I � I LXlII,$.f'.l' AR4WING TO ACCOMPANY METES AND BOUNDS PBSCBIPTION OF ! SUBSURPACE TUNNEL 'A' EASEMENT (0.898 ACRE) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY j N0. 64, TRAVIS COUNTY, TEXAS, AND BEINC A PORTION OF A CALLED 91.548 ACRO LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LONER COLORADO ,a MR AUTHORITY (UNRECORDED); AND ALSO BRING A PORTION OF THAT CERTAIN CALLER 2,362.56 ACRE TRACT OF LAND DESCRIBBP IN A DEED TO LOWER COLORADO RIPER AUTHORITY, RECORDED IN VOLUME f tG8, PAGE f2o OIC THE DEED RECORDS OF TRAVIS COUNTY, TEXAS i LEGEND j ♦¢ FOUND 1/2'IRON ROD(UNLESS OTHERWISE NOTED) {' I M a FOUND TRAVIS COUNTY ALUMINUM O1SC 0- 1/2" IRON ROD WITH ORANGE PLASTIC CAP ! j STAMPED"WALLACE-GROUP"SET (UNLESS 1 i OTHERWISE NOTED) 1 A- CALCULATED POINT D.R.T.C.T.- DEO RECORDS, TRANS COUNTY, TEXAS 4 L�0 n'SA 1 APPROXIMATE SURVEY LINT �x��,,•{ ��AS N 08'45'26' E--309.74' J 5• R= 815 47 . Iv L- 154.01' { Q ....... (= 153.78' CALLED 2,352.68 ACRES R�• CALLED 91.548 ACRE (EASE TRACT :_uii: y:::: CB= S 10'28'49"E LORER COLORADO RIVER AUTHORITY y DESCRIBED 1N FILTH NOTES PREPARED BY 1.085 ACRE i VOLUME 1168, PAGE 120 (: L LOWER COLORADO RIVER AUTHORITY TRACT O.R.T.C.7. a (UNRECORDED Z ya 1. 8E1N0 A PORTION OF CALLED 2.352.66 ACRES TO A LOWER COLORADO RIVER AUTHORITY R. 4.VOLUJIE 1168.PAGE 120 E4�Q S 17'13'40" E- 218.59' D.R.T.C.T. ANDA PORTIONS FIELD NOTE CALLED 20.8 ACRES TO � , �. LOWER COLORADO RIVER AUTHORITY ;..:`: ' :• :'�'. CO3flIfENCINC VOLUME 1110, PAGE 577 D R.T,C.T. '3g?p1 •..N .t .r ::t::i:{•. GOD NPOI411 e79.bOJ3 I}j e E •d o+':::::•:'•':::::•'•:::: GRID E 3.051.278.0494 IMUMIEL 898,A RES cT (39,104 54. PT. m' PORTION OF ❑ q 19 1I✓� f CALLED 2,352.66 ACRES f I N 85,17.18"Ty._ 2 3'FE LOWER COLORADO RIVER AUTHORITY m CALLED 2,35266 ACRES 412.60' _ POST VOLUME 1168, PAGE 120 UT D.R.T.C.T. C b, a•a LOWER COLORADO RIVER AUTHORITY ,.x„ 4 ,u VOLUME 1168, PAGE 124 O.R.T.C.T, rl� NOTE � SET /� I POINT OF 90� I BEGINNINCGRJD CEt fRAL NOTE t GPJD E 3 061,1 239477 n`0,cy�� 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MO/JUMENTS. (� •� \ ,�.> F. 2) SUBJECT TO ANY AND ALL COVENANTS,RESTRICTIONS.EASEMENTS �F G'OP�'f r ✓ tt� AND CONDITIONS THAT MAY BE APPLICABLE o��AOy Fy9�' NUMBER DIRECTION DISTANCE Y 3.) DJE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. P p� h S�i q 4.) 7Hi5 DRAWING IS ACCOMPANIED BY A METES do SCUNDS DESCRIPTION. nT�,�OLP `�•b�ry2j. L7 S 4735'59'W 197.'26 F n 5.) BEARINGS ARE 8ASE0 ON THE TEXAS STATE;PLANE COORDINATE �i. �A s a� L2 5 85'17'18' E 21.94' D3 SYSTEM(CENTRAL ZONE,NAU83)VMICH IS BASED ON LEICRS '2 ACf 92a L3 S 67' 4'35'E 59.72' L CENTRAL TEXAS OPS COOPERATIVE GORS RTX NETWORK. 6.) COORDINATES SHOWN ARE GRID AND DISTANCES SNOMJ ARE SURFACE. ): i In The Watlaco Croup, Inc. One Chlaholm Troll, Suite 130, Raund Rock, Tomas 78681 (512) 218-0065 41 Engineers a Architects a Planners m ars SurveY TBPE F-54Waco Killeen *Pallas Round Rock DANIEL M,riAHERTY o I HEREBY STATE THAT TO THE; BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT �'., ".�rg04.m THIS PLAT AND THE SURVEY UPON WHICH IT i SURVEYS iN THE STATE OF TEXAS, THIS THE ISeSLIH DAY OFBASED MEETSTHE R AUGUI;MENTS FOR 2013 ND y p stp �p4 j a b SUFc�1� j SURVEYED: 06-25-2013 F' ANI L _,AHE il' RP. O. DOA 3 OF 3 j O 200 400 PLAT N0. A--4602 IAAFT DATE 08-08-2013 DRAWN 13Y SRM €_ SCALE I -I WORK ORDER NQ. ?2951 FiELDB00K/PG. 178 23 TAB # A- 02 I Q 2013 ALL RIGHTS RESERVED DIGITAL FILE _229618-SITE 8-TUNNEL F/N # 22951-FN02 I EXHIBIT oc >, 1 Subsurface Tunnel IBI Easement k METES AND BOUNDS DESCRIPTION OF A 2.656 ACRE TRACT OF LAND F, SITUATED IN TEE EAST TEXAS RAILROAD COWANY SURVEY NO.54, W-C.DOYLE SURVEY,ABSTRACT NO.2626,AND FRANCIS HARRIS SURVEY NO.516, TRAVIS COUNTY,TEXAS BEING A 2,656 ACRE (115,7I0 SQUARE FOOT} TRACT OF LAND SITUATED D IN THE LAST TEXAS RAILROAD COMPANY SURVEY NO, 54, W.C.DOYLE SURVEY, ABSTRACT NO.2626, AND FRANCIS RARRIS SURVEY NO.516,TRAVIS COUNTY, TEXAS; SAID 2,656 ACRE TRACT BEING A PORTION OF THk1 CBR'PALN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY( UNRECORDED),.AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA),AS RECORDED , IN VOLUME 1168,PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS(D,RT.C.T,) _ F AND A PORTION OF THAT CER'T'AIN CALLED 20.8 ACRE TRACT OF LAND DESCRIBED IN A s DEED TO LOWER COLORADO RIVER AUTI30RITY, AS RECORDED IN VOLUME 1110, PAGE 377, D.R.T.C:T.; SAID 2,656 ACRE-TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: , 1 COM IENCING at a 1/2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as"Wallace cap")set for the easternmost southeast corner of said 91.548 acre lease tract,and being on the westerly right-of-way(R.O.W,) line of Lime;Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE,(Ll)North 38 degrees 14 minutes 56 seconds West,departing the westerly R.O.W.line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract; a € distance of 398.74 feet to a calculated point for the POINT OF BEGINNING and southwest corner of the herein described tract,and being located at Texas State Plane Coordinate grid position N=10,142,192.7447 and E=3,061,031,1977, and from which a 1/2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap")set bears (L4) South 73 degrees 05 minutes 32 seconds r West,at a distance of 32.94 feet; THENCE,North 45 degrees 47 minutes 31 seconds West,continuing over and across said 91.548 acre lease tract, and traveling partway over and across said LCRA 2,352,66 acre tract and partway over and across said LCRA 20.8 acre tract, a distance of 1,112,50 feet to a calculated point for the westernmost corner of @@ f the herein described tract,said point being on the northwesterly line of said 91.548 acre least tract,same I being the northwesterly line of said LCRA 20.8 acre tract; 1 THENCE,(L2) North 25 degrees 24 minutes 51 seconds East,with thenorthwesterly line of said 91.548 acre lease tract and said LCRA 20.8 acre bract, a distance of I05.63 feet to a calculated point for the ! northernmost corner of the herein described tract; i � 4 S Page l of 3 i i is r. i Exhibit (continued) Description of 2.656 acre tract THENCE,South 45 degrees 47 minutes 31 seconds East,over and across said 91.548 acre lease tract,and traveling partway over and across said LCRA 20.8 acre tract and partway over and across said LCRA 2,352.66 acre tract,a distance of 1,201.69 feet to a calculated point for the easternmost corner of the herein described tract,and from which a 112-vich iron rod with"Wallace cap"set on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road bears (LS)North 73 : degrees 05 minutes 32 seconds East,at a distance o£46.90 feet; �. TB ENCS, (L3) South 73 degrees 05 minutes 32 seconds West, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 114.21 feet to the POINT OF BEGINNING and r containing 2.656 acres(115,710 square feet)of land,more or less, based on the survey and drawing made .. by The Wallace Group,Inc.,Round Rock,Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances , shown are surface. A-drawing of even survey date herewith accompanies this metes and bounds description. . Y 1, Daniel M.Flaherty,Registered Professional Land Surveyor No. 5004, State of Texas,do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. ; 1. aniel M,Flaherty,R.P.L.S.#5004 r, The Wallace Group,Inc. OF T • One Chisholm Trail,Suite 130 Round Rock,Texas 78681 •..°: , M1 Ph.(512)24$-0465 DANIEL.••........FLAHERTY........ t. 5004 mac' e 22951-F'NO3.doG vOssto�P'O4 K. 1 9 F Y S Y. i�. i Page 2 of 3 x i i i 1 � � 5 FE I i I -VI X'.IIIBIT '� t DRAlYING TO ACCOMPANY METES AND BOUNDS D8S0PJP270N OAV SUBSURFACE TUNNEL 'B' EASEMENT(2.666 ACRES) SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY N0, 64, ALC, DOYLE SURVEY, ADSTRACT NO. 2028, AND FRANCIS ItARRIS SURYBY NO. Bib, TRAWS COUNTY, TEXAS, BEING A PORTION OF }' A CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOER COLORADO RIYSR AUTHORITY B. (UNRECORDED,AND ALSO BEING A PORTION OF TIIAT CERTAIN CALLII'D 2,352,86 ACR>s" TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, RECORDED IN VOL. f f68, PACE 120 AND A PORTION OF THAT CERTAIN CALLED f 20.8 ACRS TRACT OF LAND RECORDED IN VOL. 1ff0 PACE 377 OF THE DEED RECORDS OF TRAVIS COUNTY TEXAS LEGEND CALLED 91,646 ACRE LEASE TRACT CESCRIDED IN FIELD NOTES PREPARED 8Y ®= FOUND 1/2'IRON RDD (UNLESS OTHFRYASE NOTED) ___ LOWER Cq.ORA00 RIVER AUTHC421tt 0 FOUND TitA4S COUNTY ALUMINUM DISC SUNRDE BEhc A EC0RPORTION0)OF Q= I/2' IRON ROD WITH ORANGE PLASTIC CAP CALLED 2,35286 ACRES TO STAMPED "WALLACE GROUP" SET LOWER COLORADO RIVER AUTHORITY ®c CALCULATED POINT VOLUME 1160,PACE 120 D,R.T,C.T.= DEED RECORDS, TRAVIS COUNTY, TEXAS p ANO A PORTION OF CALLED 20.8 ACRES TO f� i Yrp�Q LOWER COLORADO NYM AVTHORITY VOLUME IIID,PAGE 377 S t) 6 D.R.T,GT. '�>" $(IR•�6 E i 3 �4 Og1 �y0•T A1rIS 416 G ylp8 5A6 5 ,•v Z5 1y0• A o � I ggN,Iq: oO �� a�sy. j APPROXIMATE LOCATON c0 1 zo Izu ;f r OF SURVEY UNE 0 Jy° o � I N 08'45'26° E—389.74' jy CALLED 91.548 ACRE LEASE TRACT Jj. I gpA 6A C, DESCRIBED IN FIELD NOTES PREPARED BYu<, I dd lO'49'15 pZL LOWER COLORADO RIPER AUTHORITY I R= 815,47 SL f ��g t BONONARE00RDED OF o , FIELD NOTE L= 1x4.01' gAs d� TES CALLED 2,J5Z60 ACRES TO a POINT OF A. C-- 153,78' LOWER COLORADO RIVER AUTHORITY a L4 CSa 5 10'28'49' E VOLUME 1168,PAGE 120 a BEGINNING ; _. EA Pp�viS D.R.1:GT. I GRID N: 10.142.19274+7 " ()1" E ANDA PORTION OF V GRID E 3.061.0^)1.1977 -::•. •:i::•:-:�:•?• C T CALLED 20.8 ACRES TO to i.X•: r} 4� S 17'3344" E LOWER COLORADO RIVER AUTHORITY VOLUME 1110,PACE Tn FIELD NOTL 21R,s9' COMMENCING .., . CALLED 2.352.66 ACRES M CALLED 20.8 ACRES POINT :'`» '• 1,585 ACRc LOWER COLORADO RIVER AUTHORITY o GRID N: 10,141,679.5043 `. cH LONER COLORADO RIVER AUTHORITY w v, TRACT VOLUME 1168.PACE 120 GRID Et 3,061.278.0409 _. : 1� VOLUME 1110,PAGE 377 �� D.R,TC.T. D.R.T.C.T. q m ry c.� a Sjff PORTION OF t. CALLID 2,35768 ACRES d:.0 CALLED 2,352.66 ACRES LOWER COLORADO RtVER AUTHORITY �- �4 LOWER COLORADO RIVER AUTHORITY \ VOLUME 1168,PAGE 120 4 VOLUME 1168, PAGE 120 D.R.T.C.T. fk. GENERAL NOT1S1 �N D.R.T.C.T. z $ I,) ALL PROPERTY CORNERS FOUND ARE CONTROL kLUNUMENTS, NUMBER DIRECTION DISTANCE 2.) SUB.IECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS - AND CONDITIONS THAT MAY BE APPLICABLE. L1 N 38'14'56' VN 398.74'L2 N 25'2 'S7' E 105.63' 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. L3 S 7505'32' E 115.21' 4.) THIS DRA ANO IS ACCOMPANIED BY A METES&BCUNDS DESCRIPnON. O� 5.) EEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE L4 S 73'05'32" SV 32.9,V SYSTEM (CENTRAL ZONE.NAOB3)WHICH IS BASED 011 LEICA'S 15 N 73'05'32'E 46,90' CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. LG S 67'24'35'E 59.72' 0 0.)COORDINATES SHOWN ARE GRID AND DISTANCES SHOWN ARE SURFACE. L7 FJ 74'03'27" 08' The Wallace Group, Inc. One Chlshotm Trall, Suite 130, Round Rock, TDxas 78581 (512) 24B-0065 .(�OF r Engineers n e* Planners aeyors Waco KilleenDallas * Round Rock TBPE F- 5� DANIEL M.FLAHERIY cs < p I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF ITIAT •5004• ; MIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 'T SURVEYS IN THE STATE OF TEXAS. THIS � _ DAY OF AUGUST 2013 SURVEYED: 06-•25-2013 DANIEL M. FLAHE T RPLS NO, 3 OF 3 300 0P LAT N0. A" 03 DRAFT DATE 98-OB-2013 DRAWN BY SRM a SCALE WORK ORDER NO. 22951 FIELDBOOK/PG. 178/23 TAB # A-4603 0 2013 ALL RIGHTS RESERVED DIGITAL FILE 22951R-SITE 8-TUNNEL FIN # 22951-EN03 a r i STATE OF TEXAS § COUNTY OF TRAVIS § THIRD AMENDMENT TO PARK LEASE BETWEEN TRAVIS COUNTY AND THE LOWER COLORADO RIVER AUTHORITY DATED MAY 19, 1992 ("THE AGREEMENT") Parties: Travis County Lower Colorado River Authority i Purpose: The purpose of this Amendment is to remove certain property from one of the parks included in the Park Lease. Amendment: 1. The 1.685-acre tract of land described in Exhibit A, attached hereto and incorporated herein,being a part of what is known as Sandy Creek Park,is now hereby excluded from Sandy Creek Park and from the terms of the Lease. 2. The description of Sandy Creek Park as described in Exhibit B of the Agreement is amended to exclude the 1.685-acre tract described on Exhibit A. All other terms of the subject Agreement,as amended by the First and Second Amendments,shall remain in full force and effect. Effective as of April 30,2014. TRAVIS COUNTY, TEXAS LOWER COLORADO RIVER AUTHORITY By . By. Samuel T. Biscoe Fredrick E. Crawford County Judge Manager, Real Estate Services Dated: �'p1 ( - /4/ Dated: STATE OF TEXAS § COUNTY OF TRAVIS § THIRD AMENDMENT TO PARK LEASE BETWEEN TRAVIS COUNTY AND THE LOWER COLORADO RIVER AUTHORITY DATED MAY 19, 1992 ("THE AGREEMENT") Parties: Travis County Lower Colorado River Authority Purpose: The purpose of this Amendment is to remove certain property fiom one of the parks included in the Park Lease. Amendment: 1. The 1.685-acre tract of land described in Exhibit A, attached hereto and incorporated herein,being a part of what is known as Sandy Creek Park, is now hereby excluded from Sandy Creek Park and from the terrns of the Lease. 2. The description of Sandy Creek Park as described in Exhibit B of the Agreement is amended to exclude the 1.685-acre tract described on Exhibit A. All other terms of the subject Agreement,as amended by the First and Second Amendments,shall re .ain in full force and effect. Effective as of April 30, 2014. TRAVIS COUNTY,TEXAS LOWER COLORADO RIVER AUTHORITY v Pq By: By; Samuel T.Bis.coe Fredrick E. Craw ord County Judge Manager, Real Estate Services Dated: Dated: i i i i Mmi TES AND DOUNDS DESCRIPTION s OFA 1.685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAMROAD COMPANY SURVEY NO.54, TRAVIS COUNTY,TEXAS I BEING A 1.685 ACRE(73,385 SQUARE FOOT)TRACT OF LAND SITUATED IN THE EAST TEXAS ' j RAILROAD COMPANY SURVEY N0, 54, TRAVIS COUNTY, TEXAS; SAID 1.685 ACRE TRACT �. BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED);AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY(LCRA),AS RECORDED IN VOLLW 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 1.685 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES i ' AND BOUNDS AS FOLLOWS: BEGINNING at a 112-inch iron rod with orange plastic cap stamped"Wallace Group" (hereafter referred } to as"Wallace cap")set for the easternmost southeast comer of the herein described tract,same marking the easternmost southeast comer of said 91.548 acre lease -tract, and being on the westerly right-of-way (R.O.W)line of-Lime Creek Road(having a width of 60 feet at this location), and being located at Texas F, State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; t I g THENCE, departing the westerly R.O.W. line of said Lime Creek Road, with the southerly line of said f 91.548 acre lease tract,over and across said LCRA 2,352.66 acre tract,the following three(3)courses and r distances: : f k 1) (Ll)South 62 degrees 01 minutes 46 seconds West,a distance of 108.65 feet to a 1/2-inch iron rod is I with"Wallace cap"set for an angle point of the herein described tract; r t, 2) (L2) South 12 degrees 37 minutes 51 seconds West, a distance of 37.71 feet to a 1/2-inch iron rod with"Wallace cap"set for an angle point of the herein described tract; i 3) (L3) South 27 degrees 58 minutes 14 seconds East,a distance of 32.37 feet to a 3-inch galvanized fence post for an angle point of the herein described tract,said point being on the northerly line of that certain called 2.73 acre tract of land described as a Right-0f Way Easement to Cedar Dark 1 Water Supply Corporation,as recorded in Volume 4898,Page 1247,D.R.T.C.T.; t THENCE, (L4) South 62 degrees 01 minutes 46 seconds West, with the common southerly line of said 91.548 acre lease tract and the northerly line of said 2.73 acre tract, and continuing over and across said i LCRA 2,352.66 acre tract,a distance of 39.38 feet to a cut"Y" in concrete set for the southernmost corner of said 91.548 acre lease tract and the herein described tract, same marking the northwest corner of said j 2.73 acre tract; THENCE, (L5)North 85 degrees 17 minutes 18 seconds West,with the southerly Iine of said 91,548 acre j lease tract,and continuing over and across said LCRA 2,352.66 acre tract, a distance of 2194 feet to a 1/2- inch iron rod with"Wallace cap"set for the southwest corner of the herein described tract, and from which a 112-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract bears North 85 c degrees 17 minutes 18 seconds West,at a distance of 189.41 feet; " =EXf1JB1T:` Page l of 3 . ( 1 I - i i J} E I � I i 1 i Exhibit",� "(continued) j Description of a 1.685 acre tract 1 t f i 1 '4j i THENCE,departing the southerly line of said 91.548 acre lease tract,and continuing over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract,the following two(2)courses and distances: 1) North 16 degrees 54 minutes 28 seconds West,a distance of 456.30 feet to a 112-inch iron rod with ' "Wallace cap"set for the northwest comer ofthe herein described tract; I 2) North 73 degrees 05 minutes 32 seconds East,a distance of 194.05 feet to a 112-inch iron rod with "Wallace cap"set for the northeast corner of the herein described tract and being on a non-tangent curve to the left, said point also being on the common easterly line of said 91.548 acre lease tract i and the westerly R.O.W. line of said Lime Creek Road,and from which a Travis County aluminum disc found and as called for in the field notes for said 9I.548 acre]ease tract bears North 08 degrees 45 minutes 26 seconds Bast,at a chord distance of 389.74 feet i i THENCE, with the common easterly line of said 91.548 acre lease tract and the westerly R.O.W.line of said Lime Creek Road, and continuing over and across said LCRA 2,352.66 acre tract,the following two : i (2)courses and distances: j 1) In a-Southerly direction, 154.01 feet along the arc of'said curve to the let having a radius of 815.47 feet,a central angle of 10 degrees 49 minutes 15 seconds, and a chord bearing and distance of South 10 degrees 28 minutes 49 seconds Bast— 153.78 feet to a Travis County aluminum disc found and as called for in the field notes for said 91.548 acre lease tract for a comer of the herein [: Idescribed tract; 2) South 17 degrees 13 ininutes 40 seconds East, a distance of 218.59 feet to the POINT OF j BEGE NING and containing 1.685 acres (73,385 square feet) of land,more or less,based on the survey and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July and August of j 2013. j Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on l t Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances ! shown are surface. 1 F f E. A drawing of even survey date herewith accompanies this metes and bounds description. i 1,Daniel M.Flaherty,Registered Professional band Surveyor No, 5004, State of Texas,do hereby certify �. that this metes and bounds description and exhibit drawing A-4600 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. r M _ JZ— aniel lvl.F aherty,R.P.L.S.#5004 C� Off,�4$* The Wallace Group,)rcc. � 2�� R� ` One Chisholm Trail Suite 130 .. DAhiEL�M�FI AHERTY Round Rock,Texas 78681 Ph.(5 12)248-0065 oS Q �?:` � 22951-FNOI.doe �4 Page 2 03 i i 1 i i IsMBIT t r DRA)PINC TO ACCOMPANY METS AND BOUNDS DESCRIPTION OFA I 1.686 AGWE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS , COUNTY, TEXAS, AND BEING A PORTION OF A CALLED Of.548 ACRE LEASE TRACT DESCRIBED IN Fj.VLD j NOTES PREPARED BY LO)fBlt COLORADO'RMI? AUTHORITY {UNRECORDED), AND ALSO BEING A PORTION OF ' TEAT CERTAIN CALLED 2,362.66 ACBE TRACT OF LAND DESCRIBED IN A DEL'D TO LOWER COLORADO RIPER AUTHORITY, RECORDED IN VOYUJIE f fee, PAGR 1.20 OF THE DEED RECORDS OF TRAVIS COUNTY. TEXAS `s � I f LEGEND �8 I • - FOUND 1/2'IRON ROD (UNLESS OTHERWISE NOTED) 1 ■- FOUND TRAVIS COUNTY ALUMINUM DISC 0- 1/2"IRON ROD WITH ORANGE PLASTIC CAP I y STAMPED"WALLACE GROUP"SET(UNLESS I It c OTHER16ME NOTED) --- D.R.T.QT.= DEED RECORDS, TRAVIS COUNTY. TEXAS 1 APPROXIMATE LOCATION OF SURVEY EINE Pose, , gI}1T �j0• 1 N 06•45'26'E - 389.74' I qb �J P pAts D5 t,.j a,• 10'49'15" f .3 s� IgA t9 a 32 E R- 813.47' . 154.01' C- 153.78' X C8= S 1028149`E 0 a a CALLED 2,36256 ACRES CALLED 91.546 ACRE LEAS TRACT `L DESCRIBED IN FIELD NOTES PREPARED 2 LOWER COLORADO RIVER AUTHORITY BY LOWER COLORADO RIVER AUTHORITYVOLUME 1168, PAGE 120 (UNRECORDED) °� D.R.T.0 T. BONG A PORTION OF > 85 E O CALLED 2.352,66 ACRES TO �+ (y3 Sas SQ.rT. ip, LOWER COLORADO RIVER AUTHORITY CJ VOLUME 1163. PAGE 120 s D.R.T.C,7 5 1713'40" E- 218.59' 1 AND A PORTION OF r CALLED 20.8 ACRES TO LOWf•R COLORADO RIVER AUTHORITY o FIELD NOTE VOLUME 1110, PAGE 377 POINT OF n.R.T.c.T. BEGINNING d w w Va 3"FENCE FOR71DN OF G. GALLED 2,35266 ACRES ei �.� N 8517'16"w POST LOWER COLORADO RIVER AUTHORITY 1 CALLED 2,35266 ACRES 189.41' r VOLUME 1166,PAGE 120 M to Lo LOWER COLORADO RIVER AUTHORITY L5 r- D.R.T.C.T. N1 VOLUME 1188, PACE 120 aD.R.T C.T. OUT"X" 5£T C�,a y;t,o m GENERAL.NOTES: 1,) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS, a Op i ✓ NUMBER DIRECTION DISTANCE FOP ryP� # Z•) SUBJECT TO ANY AND ALL COVENANTS,RESTRICTIONS.EASEMENTS 90� ? L7 S 62'01'96' Y! 108,65' AND CONDITIONS THAT MAY BE APPLICABLE. d ��'�' 3.) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT, `A�a q gTn S 1237'51`W 37,71' ir 4.) THIS DRAWING IS ACCOMPANIEO BY A METES&BOUNDS DESCRIPTION. c�0y N ' L S 27'58'14"E 39.37' a 5,) BEARINGS ARE DOSED ON 111E TEXAS STATE PLANE COORDINATE S 82ro1`96' W 39,36' �� .�o L5 N 85'17'16"W 21.94' ro SYSTEM(CENTRAL ZONE, NA063)VMICH 1S BASED ON LEICA'S �'� f� L6 5 8724'35"E 59.72` CENTRAL TEXAS CPS COOPERATIVE:CORS RTK NETWORK. ✓ O.) COORDINATES SHOWN ARE GRID AND DISTANCES SHOVI ARE SURFACE. L7 N 74 03'27`E 1 59.65- Ir The Wallace Group, Mo. � One Chisholm Troll, Suite 130, Round Rock, Texas 76681 (512) 248-0085 4F 7fi Engineers ; Arohitects to [Tanners » Surveyors TBpE � Waco Killeen * Dallas * Round Rock ...........°:... DANIEL M.FLAHERTY i I iI HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT5004 ,0,- I o THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LANE} y�,O� I SURVEYS IN THE STATE OF TEXAS, THIS THE . 67F1 DAY OF ,A U5T 2013, b SStp�,� Q f' I ISO SURVEYED: 06-25-2013 �-----�?,AN I LA�H�EROY,' 3 OF 3 0 200 •400 _ DR DATE 08-06-2013 TAO �y DRAWN BY .i X.01T4 & SOALE "' ' F1ELD600K/PG. 178/23 TAB # A-4.600 02013 ALL RIGHTS RESERVEDe, :`: a:;: SITE 8 PARCELS F/N ' 22551--FN01 File 01247-22390 4!28!241411:06 AM _ Combined Statement Gracy Title,a Stewart Company,Gracy Title,a Stewart Company _— .. 3009 Glacier Pass,Suite 102,Cedar Park,TX 78613,(512)690-2260 _ e fer[s)- Lower Colorado RiverAuttiority,PO Box 220,Austin,TX 18787.0220 "'-`— Buyer(s) Brushy Crook Regional U81ityAuthod'ry,inc-,221 E.Main Street,Round Rock,TX 78664 Lendar(s) Property 0 Lime Creek Road Austin,Texas 78641 EXHIBIT"A"1.685 Acre Tract of Land Situated in the East Texas Rallmad Company Survey No.54,Travis County,Texas Abstract,Travis County,Texas EXHIBIT"B"2.656 Acre Tract of Land Situated In the East Texas Railroad Company Survey No.54,W.G.Doyle Survey, Abstract No.2628,and Francis Hams Survey No.516,Travis County,Taxes Abstract,Travis County,Texas EXHIBIT"C"0.698 Acre Tract of Land Situated in the East Texas Railroad Company Survey No.54,Travis County,Texas Abstract,Travis County,Texas EXHIBIT"D"2.656 Acre Tract of Land Situated in the East Texas Railroad Company Survey No.54,W.C.Doyle Survey, Abstract No.2626,and Francis Harris Survey No.516,Travis County,Texas Abstract,Travis County,Texas Closing Date 413012014 Disbursement Date 4/30/2014 Proration Date 4130/2014 �►9i 'V,}�1�,��' �;a�i� , II ';i' I�l NI�III ;Ilj�rdr1 i� ,i� �i I' .a;i '�N`u' r 1� ' !i�Rgs lll��liLYll�� '1�'!frf�h'��I'hlpil ��i�l � IHLIPIG1iiCIC11!��Ii1i�iU�JiuIIIlNi�lIC111��IIN➢IIII.��I�IEII �i11110!��i�IIIi�III��IS Iillu`All��tk!4>�1�t"�lN�ll�i�Hli�illdLi'�l��hu f�,...L'�el'ae`fe$a5h9i Saice ContracttracE sales price �_—..'""_,.._.._._�..... .`-.." $05,901.00 Other Ad uetmehts __ EasempntAmendment toTravis County—_V�^^J $7,200.00 Commissions The follovfing persons,firms orcor'Wations received �_ _ a portion of the real estate commission above �— Document Preparation � - BrokerCompensation $250.00 Settlement or closing fee to Gracy Title _ 5250.00 Otvneri-efelnsurancstoGrecyTitle — __ — OwnePs fiClo policy limit 5415.a01.00 $1.80 'Gty Assmt Recoup fee J--�^ Fee Fax Certificate to Gracy Tlt e ^— Document Preparation -- —"- -`- E-Reoording Fees Premium Sp lit — _ RecordingFeaslTransfores , 'Deed$54.00 Mortgage Releases Other$116.00 to _ Grasy Tltle Additional Charges _ HOA Dues - - — " "� �"t2alnlbursemen)of Resaie Ce rd tate u; '1itr 80,19 G I P. .I !.I: .ocaN N,li!u0.: i9.ii!N�iU!�I��1 4u1R:)NliliiU!11' �li.P'k4 :A �E801lR'V!I IG 1!!'>dll6di YrBa ani dD�,,f.!�7�Y�R�E141(IPII�V'!91�1'dG�!EI.�x'.1°pN�!i,�?l�l.�lu+1�'fFul fPl!!'��i11�11'�h6Nt�.t!NKi!�:�"�! ' •rly�''Uk!I"NE,IEI,111111I.'U841!'!N !1!11:161 NU@BII§f�'Iq!A99!i IIII!gtl��llk'191�1VIY�ipl,�.&(ente�Flii�i7v��1(eja�I,P'�1�PIIICUI;!r<G4T4 fi,!ili4��ie��ilns 4�aio�4o�C1R(I!11,�Lg p��?.kln,F :'ti! VJ!V!il 1 IIIIV II„I,�?i,�;�a�4,3V�!9 IIVIVI1VI�f��Vg6��1��4,�s IVi!�V�Vu`VV'aV�I�I�pu�VV!L`��ro�iV�J69!!4EIVVG_�iV1VVi�V1VIJl�h�VfiV`•I:IlVVII!�iuI�VV$�$��rg��9�i�iIIV�;fV �§�ea��4� Brushy Creek Regional U014 Authority,Inc. 1 ever Colorado RSvo or I, : Page 1 Fire 01247-MBO 4128[20'3411:06 AM Combined Statement Gra¢yTiflWWItEexartcompany,GracyTltIO,aStawatcompany �^ 5009 Glacier PAs%SuRe 102;Ceder Pada,7X72613,(592)69D4260 Selfat'js)�� wer Co 2d'dO MUJer'ftuthoiily.PC Box220,Austin, 787G1-D22Q. guyar(s) Brushy Creak Regional UtRttyhutfwnly,Inc.,221 E.Main,SiTeot,Round Rook,TX 78684 Londer(s) Property OLima Creek RoadAustin,Tooxaas7O641 I XHISIT"A"9,625 Acre Tract of Land Situated in the EastTexao Railroad CompanySurvey.No.64,Trans County,Texas Abstract;Travis County,Texas OtfflBiT"B"2.556 Acre Tract of Land SituaWJ in the Fast Texas Railroad Company Survey No.04,W.Q,Doyto Survey, Abstract No.2626,and Francis Harris Survey No.536,Travis County,TBxar,Abstract,Travis County,Texas EXHIBTT"G"0,898 Acre Tract of Land Situated in the East Toxas Railroad Company Survey No,64,Travis County,Texas Abstract,Travis County,Texas EXHBrr"9'2.655 Acre Tract of Land Situated in the EastTexas Railroad Company-Survey No.54,W.0-Doyle Survey, AbsUactNo.2626,and Francis Harris Survey Na-516,Travis County,Texas Abstract,Travis Couniy,Texas Closing Date 4/3012014 Disbursament Date 4130/2014 Proration halo 42012014 j7roblt �ah8 -. < ,� W� k� =t. vx'iti�LEttG^ > t� e71L1€C�u�c;,trcit�mt� SatoslPrlce 5416:901.000 ~ Contract sales price — S4't5,9UL00 Othe,Agju tmenis _EasemQntAmendment toTram County ��$1,200.00 Gommissfons —� The faitawin9 persoro,firmor airporations reoaivod a portion of the tent estate commleslon above Document preparation Broker Compensa(ion' ITifle Chamas _ fS&Wement or closing tae toGrary TIOe j� $250.00 �" 52 Ownate Insu anceto Gfacy-ntle Me poi cl'y trim t .15,901.0 S1.80 Sty AsSrat Recoup Fee-OTPto`Sty somtRecoup _ _ Fee "- - ) Tax Ceryl ice' to toGi�V—'lido -- `_ DocumentPmpamffon eco ing Foes ___ T _ C'(am hrm Split-�..___..�� 17 Recording FecslTransforChar�es_TM _� $ 0.OD Deed$54.Oa Mortgage Releases Othor$f7ti00 to GracyTitle _ ddi l nal hargas HOA Dues T� Relmbursement.of.Resale Caffikate x1FAV,04-44VAqw."MIRRARTAK !PIE4;ao�i i Ery W!W,MW,Fc a111MY��ii� iM;2 �,�1�sti,TOR MUMMAXPaT4� rushy Creek Reg.�ittit�ty .tne. LawrCofor oP,IverAulftatily Page 1 File Number, 01247-;22390 WAIVER OF INSPECTION AND DISCLOSURE TO OWNER TO: Stewart Title Guaranty Company(FlUe lnsureel Gracy Title,a Stewart Company CT410 Company") RE: of the Lower Colorado River Authority to Brushy Creek Regional UtilityAuthority,Inc. Land: TRACT 1:9.685 acres of land,more or less,out of and a part of the D.W.Doyle Survey No.54,.Abstract No.2648, in Travis County, Texas, being out of and a part of that 2352.66-acre tract conveyed to the Lower Colorado RiverAuthority in that deed recorded in Volume 1168,Page 120,of the Deed Records of Travis.County,Texas,and being more fully described by metes and bounds In the attached EyMbita TRAGT2:.A nonexclusive temporary construction easement estate over and across 0.802 of an acre of land,more or less,out of and a part of the D.W.Doyle Survey No.54,Abstmot No.2648,in Travis County,Texas,being out of and a part of that 2352.66-acre tract conveyed to the Lower Colorado River Authority In that deed recorded in Voiume 11$8,Page 120,of the Deed Records of Travis County,Texas, and being depicted an the atteohed Exhibit 6,and being more fully described by metes and bounds in the field notes to be furnished in.accordance with Schedule C requirement. TRACT$:A nonexclusive subsurface tunnel easement over and across 0.898 of an acre of land,more or less,out of and a part of tine D.W.Doyle Survey No.54,Abstract No.2648,In Travis County,Texas, being out of and a part of that 2352.66-acm tract conveyed to the Lower Colorado River Authorhy in that deed recorded in Volume 4168,Page 120,of the Deed Records ofTravis County,Texas,and being more fully described by metes and bounds in the attachedExh!Ujt I TRACT4:A tiMexclt[sNe subsurface tunnel easement over-and across 2.656 aeras of land,more orless, r out of and a part of the D.W.Doyle Survey No.54,Abstract No.2648,and the P Hants Survey No.516, Abstract No.364,in Travis County,Texas,being out of and a part of that 235266-core tract conveyed to the Lower Colorado River.Authority in thatdeed recorded in Volume 1168,Page 720,of the,Deed Records of Travis County,Texas,and out of and a part of that20.8-aore tract of land conveyed by J.S. Wheless,dr,to the Lower Colorado River Authority in thatdeed recorded In Volume 1110,Wage 377,of the Deed Records of Travis County,Texas,and being more fully described by metesand bounds in the Ii attachad Exhibit D. NOTE The Company does not reprasent that the above acreage or square footage calculations are correoL II i.Walver of fnspection 1 You may refuse to accept an exception to the Owner's Policy for"Rights of Parties in Possession." "Rights of Parties In Possession` shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse.to the Insured owner of the property as shown in Schedule of Vie Policy. The Company may require an inspection of the properly and an additional chargo may be assessed for reasonable and actual costs,or such an Inspection- The Company may make additional Exceptions for matters the Inspection reveals. If you do not:delete this paragraph,you consent to this Exception and waive inspection of the land. YOU U M6Y.L?EFUSETOACGENTHIS EXCEPTION BY MARKING OUT THIS PARAGRAPH 1 2. Racaipt at Commitment You acknowMedge.having received and reviewed a copy of the Title Commitment issued In connection with this transaction. You understand that your:Owner Policy will contain the Exceptions set forth in Schedule B of the Commitment,and any additional Exceptions to title resulting from the documents involved In this transaction,and any additional 1=xceptiong reflected by an exhibit attached hereto. 3. Survey You may request amendment of the"Area and Boundary Exception'to read"Shortages in Area," The Area and Boundary Exceptions is as follows: "Any discrepancies,conflicts,or shortages in area or boundary lines,or any encroachments,or protrusions, or any overlapping of improvements." You must furnish a current survey. The. survey must be acceptable to the Company. You also must pay an additional premium equal to 15°l0 of the basic premium charge. The Company may make additional exceptfons for items shown on the survey. YnU MAY REQUIRE AMENDMENT OF THE ARi-.A AND 130 NDaPTION BY MARK114G OUT THIS PARACRAPl,I 3 AND BY COMPLYING Z91H ITS PRQVj,CiQNS BEFORE COMPLETION OFIHIS CLOSING. 4, Arbitration This paragraph does not apply to ilia Residential Owner Policy(T-9 R). The parties must later agree to-arbitrate under the Residential Owner Policy(A R). You may require deletion of the arbitration provision of the Owner Policy. If you do not delete.this provision,either you or the Company may require arbitration,if the law allows. There is no charge to delete this provision. j,.YQUR POLICY IS NOTA TEXAS RESIDENTIAL OWNER POLiCY_(TA R).YOU MAY RELi P DELETION QFTHEARBITRATLQN PROVISION-EY MARKING Q>1�11_S�PBRAGRP PH 4.. You may wish to consult an attorney to discuss matters shown in Schedule B or G of the Commitment. These matters will affect your rifle and use of your land. YourTitle Insurance Policy will be a legal contract between you and the"titled Insurer. The Commitment and Policy are not abstracts of title,title reports.or representations of title. They are contracts of indemnity. We do not represent that your Intended use of the property is allowed under the law orunder the restrictions or exceptions affecting your property. Date: April_I�O-2014 Signature: " v� <�' Brushy Creek Regional Utility Authority,Inc, COMMERCIAL AFFIDAVIT Re: Commitment/File No,: 0124722390 See Exhibit A attached hereto and incorporated herein by reference (the property described therein referred to as the"Pr4partv"). B FORE ME,tf}e updersigned authority, personally appeared 1�4�'(G�L.e. /�at�l d �� of the Lower Colorado RiverAuthority("Owned'),who executed the within instrurr3 nt for-the purposes therein contained. Owner hereby declares as follows: 1. Owner is the sole owner of the Property. 2. Owner's enjoyment of the Property has been peaceful and.undisturbed and the title to the Property has never been disputed or questioned to Owner's knowledge, nor does Owner know of any facts by reason of which We to, or possession of the Property might be disputed or questioned, or by reason of which others may claim title to the Property or any portion thereof or an easement over and across same, except as shown on the Survey (as hereinafter defined), as set forth in the Commitment(as hereinafter defined), and as follows: Acompiete list of all parties in possession of any portion of the Property under unrecorded leases(the"Leases", and each a"Lease")or otherwise is set forth on Exhibit B attached hereto and made a part hereof. Owner knows of no other tenancies,leases,parties in possession or other occupancies of the Property and each of the parties disclosed on E hi . B occupies the Property or has a right to such occupancy either as a tenant from month to month without lease or pursuant to the terms of a Lease.All leases are subordinate to mortgages. 3. Owner knows of no proceeding in bankruptcy instituted by or against Owner in any jurisdiction of the U.S.now pending, nor has Owner ever made an assignment for the benefit of creditors. 4. Owner knows of no action or proceeding relating to the Property now pending before any state or federal court nor does Owner know of any judgments or liens, (including state and federal tax liens), which now constitute a lien or charge upon the Property, other than those shown on the commitment for title insurance for the Property issued to Buyer(as defined below)or an affiliate of Buyer(the"Commitment). b. Owner knows of no unrecorded documents affecting tie to the Property other than the Leases and that certain Purchase and Sale Agreement dated4 between Owner, as seller, and Brushy Creek Regional Utility Authority, Inc. ("Bu er") as purchaser, (as amended and/or assigned). 6. Owner knows of no real or personal property taxes and/or special assessments affecting the Property other than those shown on the Commitment, 7. Owner knows of no unpaid real or personal property taxes, water and/or sewer usage charges or unpaid special assessments for items such as improvements for sidewalks, curbs, gutters,alleys, etc.,other than those shown on the Commitment. 8. Owrier knows of no unpaid bills or claims for labor or services performed or materials furnished for the construction of improvements on the Property other than those shown on the Commitment. 9. Except for matters known and agreed to by Buyer("Known N( ttrs"), to Owner's knowledge, no matters arising or occurring between the last effective date of the Commitment (the "-Effective Date") to the recordation of the documents creating the interest(s) being insured pursuant to the Commitment have been filed for record (the "Recordation_ _Time"), which constitute an encumbrance on or affect said title, Owner agrees to promptly defend, remove,bond or otherwise dispose of any encumbrance, lien or objectionable matter to title,other than Known Matters,which may arise,occur or be filed, as the case may be, against the Property between the Effective Date and the Recordation Time, and to hold harmless, and indemnify Gracy Titlo, a Stewart Company and Stewart Title Guaranty Company against all expenses, costs, and attorneys'fees,which may arise out of Owner's failure to so remove, bond or otherwise dispose of any said liens, encumbrances or objectionable matters_ 10. Owner has delivered to Gracy Title, a Stew rt ompany, and Stewart Title Guaranty Company a copy of a survey of the Property dated prepared by (the"5ArveY")_ , 19. Except for Known Matters and as set forth in the Commitment, to Owner's knowledge, since the date of the Survey,there have been no: a. Construction projects such as new structures,additional rooms,or paving on the Property; b. Changes in the location of boundary fences or boundary walls on the Property;or c. Conveyance or replattings or easement grants or easement dedications by Owner with respect to the Property. This affidavit Is given to Induce Gracy Title, a Stewart Company, as agent and Stewart Title Guaranty Company to issue its policy of title insurance pursuant to the Commitment with full knowledge that Gracy Title, a Stewart Company, and Stewart Title Guaranty Company will rely upon the accuracy of same; and Owner hereby agrees to hold Gracy Title, a Stewart Company, and Stewart Title Guaranty Company harmless and indemnify it against any loss or damage it may sustain as a result of any false statement made herein. WITNESS the hand and seal of affiant. OWNER �,CR L erColorado River uthority Sworn to and subscribed before me this day of April,2094. Notary Pubic in and for the State of Tex BENJAMIN D. HAYES {t°ii Notary Public,State of Texas My Commission Expires: �� x("15 My Commission Expires February 27, 2016 „nn„a EXHWIT'°14 " METES AND BOUNDS DESCRIPTION OF A 1.685 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO.54, TRAVIS COUN'T'Y,TEXAS BEING A 1.685 ACRE(73,385 SQUARE FOOT)TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, TEXAS; SAID 1.685 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED);AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTS40R1TY (LORA),AS RECORDED IN VOLUME 1168, PAGE 120 OF THE DEED RECORDS Or. TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 1.685 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND 1301JNDS AS FOLLOWS: BEGRiMNG at a 1/2-inch iron rod with orange plastic cap stamped"Wallace Group"(hereafter referred to as"Wallace cap")set for the easternmost southeast comer of the herein described tract,same marking the easternmost southeast comer of said 91.548 acre lease tract, and being on the westerly right-of way (R.O.W.)line of Lime Creek Road(having a width of 60 feet at this location),and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,062,278.0499; THENCE, departing the westerly R.O.W. line of said Lime Creek Road, with the southerly line of said 91.548 acre lease tract,over and across said LORA 2,352.66 acre tract,the following three(3)courses and distances: 1) (LI)South 62 degrees 01 minutes 46 seconds West,a distance of 108.65 feet to a 112-inch iron rod with"Wallace cap"set for an angle point of the herein described tract; 2) (L2) South 12 degrees 37 minutes 51 seconds West, a distance of 37.71 feet to a 1/2-inch iron rod with"Wallace cap"set for an angle point of the herein described tract; 3) (L3) South 27 degrees 58 minutes 14 seconds East, a distance of 32.37 feet to a 3-inch galvanized fence post for an angle point of the herein described tract,said point being on the northerly line of that certain called 2.73 acre tract of land described as a Right-Of-Way Easement to Cedar Park Water Supply Corporation,as recorded in Volume 4898,Page 1247,D.R.T,C.T.; THENCE, (L4) South 62 degrees 01 minutes 46 seconds West, with the common southerly line of said 91.548 acre lease tract and the northerly line of said 2.73 acre tract, and continuing over and across said LCRA 2,352.66 acre tract,a distance of 39.38 feet to a cut"X" in concrete set for the southernmost corner of said 91.548 acre lease tract and the herein described tract, same marking the northwest corner of said 2.73 acre tract; THENCE, (L5)North 85 degrees 17 minutes 18 seconds West,with the southerly line of said 93.548 acre lease tract,and continuing over and across said LCRA 2,352.66 acre tract,a distance of 21.94 feet to a 1/2- inch iron rod with"Wallace cap"set for the southwest corner of the herein described tract, and from which a 1/2-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract bears North 85 degrees 17 minutes 18 seconds West,at a_distance of 189.41 feet; i Wage I of 3 Exb1bit",_"(continued) Description of a 1.685 acre tract TBENCE, departing the southerly Jine of said 91.548 acre lease tract, and continuing over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract,the following two(2)courses and distances: 1) North 16 degrees 54 minutes 28 seconds West, a distance of 456.30 feet to a 1/2-inch iron rod with "Wallace cap"set for the northwest corner of the herein described tract; 2) North 73 degrees 05 minutes 32 seconds East, a distance of I94.05 feet to a 1/2-inch iron rod with "Wallace cap"set for the northeast corner of the herein described tract and being on a non-tangent curve to the left, said point also being on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road,and from which a Travis County aluminum disc found and as called for in the field notes for said 91.548 acre lease tract bears North 08 degrees 45 minutes 26 seconds East,at a chord distance of 389.74 feet; THENCE, with the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road, and continuing over and across said LCRA 2,352.66 acre tract, the following two (2)courses and distances: 1) In a Southerly direction, 154.01 feet along the are of said curve to the left, having a radius of 815.47 feet, a central angle of 10 degrees 49 minutes 15 seconds,and a chord bearing acid distance of South 10 degrees 28 minutes 49 seconds East-- 153.78 feet to a Travis County aluminum disc found and as called for in the field notes for said 91.548 acre lease tract for a corner of the herein described tract; 2) South 17 degrees 13 minutes 40 seconds East, a distance of 218.59 feet to the POINT OF BEGXNNING and containing 1.685 acres (73,385 square feet)of land, more or less, based on the survey and drawing made by The Wallace Group, Inc., Round Rock,Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTI{.Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. 1, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4600 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. Oaniel M.Faherty,R.P.L.S.#5004 •CS OF T The Wallace Group,Inc, One Chisholm Trail,Suite 130l7AM1EE t�.F�4.. ER Round Rock,Texas 78681 .... ..........` - �6Q04 Ph.(512)248-0065 22951-FN01.doc S iRU C )o �� 1 Page 2 of 3 .E'XHIB.I7' r DIUWrNC TO ACCOMPANY METBS AND BOUNDS DRSCRII'TION OF A 1,085 ACRE MGT OF LAND SITUATED IN TIIE EAST TEXAS RAILROAD COMPANY SURVRY NO, 64, TRAVIS COUNTY, TgXAS, AND DEINC A PORTION OP A CALI1s'D 9f.646 ACRR LL'ASH TRACT DESCRIBED IN FIELD NOTES PREPARED .BY LOWER COLORADO'RIVER AUTHORITY (UNRECORDED), AND .ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,362.66 ACRE TRACT OF LAND DESCRIBED IN A DBBD TO LOWER COLORADO RIVER AUTHOBra,, RECORDED IN VOLUME 1168, PACE 120 OF TILE DEED RECORDS OF TRAVIS COUNTY, TEXAS I LEGEND �s 0 , FOUND 1/2" IRON ROD (UNLESS OTHERWISE NOTED) f (� ®= FOUND TRAVIS COUNTY ALUMINUM DISC !,1 O 1/2" IRON ROD WTH ORANGE PLASTIC CAP ' STAMPED "WALLACE GROUP"SET(UNLESS !�y 07HERWSE NOTEO) APPRbkIMATE LOCATION DA,T,C.T, 6 DEED RECORDS, TRAVIS COUNTY, TEXAS f OF SURVEY UNE SIT' 0�`A rf N 00'45'26"E- 369.74' R= 815.47' Y v 5 a N L-154.01' �{ C- 153.78' D Cil= S 10'28'49" E CALLED 91.548 ACRE LEASE TRACT CALLED 2,362.60 ACRES DESCRIBED IN FIEZ,O NOTES PREPARED z >S LOWECOLORADO VOLUME ORADOBRI AGE j AUTHORITY BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED) �O D.R.T.C.T. BEING A PORTION OF 1. 65 CALLED 2,352,66 ACRES TO �ps (7a3Be SQ �r) LOWER COLORADO RIVER AUTHORITY VOLUME 1188, PAGE 120 O.R,T,C,T. S 1713'40" E- 218.$8' t OF CALLED 206 ACCRES TO LOVER COLORADO RIVER AUTHORITY FIELD NOTE VOLUME 1110, PAGE 377 POINT OF D.R.T.C.7. w 4� BE'CINNINC F coo E 3,061,278.0400 t � yh 3" FENCE PORTON OF I}j ,' N POST CALLED 2°35266 ACRES 8517'18' W LOWER COLORADO RIVER AUTHORITY I CALLED 2,352.66 ACRES 189.41' r VOLUME 1168,PAGE 120 ,i �$ LOWER COLORADO 116 , 120 HORITY L6 � o, D.R,T,C.T. 1N D.TH.T.C,T. CUT"x" SET ��cL ado GLTIERAL NOTES O�Y� I,) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS s�n � l NUMBER DIRECTION DISTANCE v 2.) SUBJECT TO ANY AND ALL COVENANTS, RESTRICTIONS, EASEMENTS L1 S 92'01'46' W -108,65, i AND CONOlTONS THAT MAY BE APPLICABLE. O $�� 7 L2S 12'37'31' IN 37.7Y 3.) THE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT. �_ �>'q� �� L3 3 27 32,37' 8'14" E 4,) TME CRAMNO IS ACCOMPANIED BY A HETES & DOUNOS OESCRIP'noN. �� 'gGj L4 S 62'01'48" W 38.38' I 0. 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE ` a q L8 N 851718" W 21.94' i pp SYSTEM(CENTRAL ZONE,NAD03) WRICH IS BASED ON LE1CA'S CENTRAL TEXAS GPS COOPERATIVE CORS RTI( NETWORK. �R� �� y� Le I S Br24-'35'E 58.72' 8.) COORDINATES SHOWN ARE:GRID AND DISTANCE9 SHOWN ARE SURFACE. L L7 I N 74'03'27' E 59.86' I a I The Wallace Croup, Inc. One Chisholm Trull, Suite 130, Round Rock, Texas 78681 (512) 248-0065OF,r44`,�.. Engineers a Architects 17 Planners Ln Surveyors ,yP *0ssq'�.`9 Waco * Killeen * Dallas * Round Rack � F .. ...... . .. DAN 1 HEREaY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF' THAT "'""""'°' L 6004 q`s' � THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND `9°�c�ssti:'°°O ' a SURVEYS IN THE STATE OF TEXAS. THIS THE _ 676 DAY OF A 0 ST 201 SURVEYED. 08•-25-2013 A EL H RTY R LS 4 3 OF 3 L Q PLAT No. —A-4600 DR DATE 0$-46-2013 DRAWN BY TAB a SCALE WORK ORD N0. 22951 178 3 TAQ A-A690 FIELDBQOKJPG. -- 13 0 2013 ALL RIGHTS RESERVED DIGITAL FILE __22951R--SITE B PAR ELS F/N # _ 22951--FNOI EX'H'IBIT " DRAWING OF A TRAfPORARY CONSTRUCTION RASEMN'NT (0.802 ACNE) SITUATED IN THE RAST TEXAS IMILROAD COMPANY SURVEY N0. 64, TRAVIS COUNTY, TEXdS, AND RBING A PORTION OF A CALLED 01,648 ACRE LEASE TRACT DESCRIHE71 IN FIELD NOTES PREPARED BY LOFFER COLORADO RRWP AUTHORITY (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,362.66 ACRE TRACT OP LAND DESCRIBED IN A DRED TO LOWER COLORADO RIPER AUTHORITY, RECORDED IN VOLUME 1169 PAGE 120OF TH8 DEED RECORDS OF TRAVIS COUNTY TEXAS f 6g�6 LEGEND L 5a Epp$ m - FOUND 1/2" IRON ROD (UNLESS OTHERWISE NOTED) in - FOUND TRAVIS COUNTY ALUMINUM DISC G'g1wkr O STAMPED "WALLACEOGROUP" PLASTIC GAP �1 O.R.T.C.T. — DEED RECORDS, TRANS COUNTY, TEXAS L — S 81, 1&- APPROXIMATE LOCATION— OF SURVEY LINE ,�goj� ;'N 10'51'32'E — 164.61' '4AL COs s sTRucnQN Z I��gn EAaraaENr cam, ais sr" c=229.88 G 4 S 73'05'32' W +v' CB= S Q31T1'S8" W S 10'28'40" E — 155.70' 7;..g9...:.. CALLED 8I,548 ACRE LEASE TRACT . OESCR(BED IN FIELD NOTES PREPARED 8Y LOWER COLORADO RIVER AUTHORITY :.":.'.':• {UNRECORDED) 6E1 G A PORTION OF ::1,BBS ACRE.' . O CALLED 2,352.66 ACRES TO D.R.I.C.T. Cr a. CALLED 2,352.06 ACRES LOWER COLORADO RIVER AUTHORITY MOT � LOWER COLORADO RIVER AUTHORITY VOLUME 116PAGE i20 VOLUME liaB, PAGE 12D AND A PORTION OF O.R T.C,7 CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHOR[TY 6; VOLUME 1110, PACE 377 I D.R.LC.T. +O PORTION OF CALLED 2,352.66 ACRES LOWER COLQRAQ0 RIVU3t AUTHORITY ooqq CALLED 2,36266 VOLUME 1168, PAGE 120 ACRES o N LOWER COLORADO RIVER AUTHORITY / "(-nD R.T.C,T. VOLUME 1168. PAGE 120 ja D.R.T.C.T. CL g� 'o s a o ca GENERAL NOI (�F i.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS.175 2.) AN `IWTIO STHATMAY BE APPLICABLE SUMOT TO YALL COVENAN7% TCTIOH5, EASEMENTS �p�99c� a) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT. 9 4yl�� ' DANIEL M.fiLAH 4.) UEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE TY ^ p ��o ••••'••• •••,ERER r• SYSTEM (CENTRAL ZONE, NAO63) WHICH 1S BASED ON LEICA•S �i3 g C9_ CO4 CENTRAL TEXAS CPS COOPERATIVE CORS RTK NETWORK. �3 5.) DISTANCES SHOWN ARE SURFACE. '�'O� '•�� The Wallace Groupi Ina +x One Chieholm Trail, Suite 130, Round Rock, Tme 78881 (1512) 248-0066 Engineers m ,architects a Planners a Surveyors ✓ T13PE F-54 Waco * Killeen * Dallas * Round Rock 1 OF 0 2 0 PLAT id0. _ A-!Q1_ DRAFT DATE 94=0---M DRAWN IEP TAR SCALE WORK ORDER NO, 22951 FIELDBOOK/M. 178/23 TAB #_ A-4801 (; 0 2013 ALL RIGHTS RESERVED DIGITAL FILE -229518—SITE 8-PARCELS F/N # N/A EXHIBIT41k- Subsurface Tunnel'A'Easement METES AND BOUNDS DESCRIPTION OF A 0.898 ACRE TRACT OF LAND SITUATED IN TBM EAST TEXAS RAILROAD COMPANY SURVEY NO.54, TRAVIS COUNTY,TEXAS BEING A 0.898 ACRE(39,104 SQUARE FOOT)TRACT OF LAND SITUATED IN TBE EAST TEXAS RAILROAD COMPANY SURVEY NO. 54, TRAVIS COUNTY, 'TEXAS; SAID 0.898 ACRE TRACT BEING A PORTION OF THAT CERTAIN CALLED 91.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY(UNRECORDED);AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LORA), AS RECORDED IN VOLUME 1168, MAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 0.898 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED 13'X'WTES AND BOUNDS AS FOLLOWS: CONU4ENCI NG at a 1/2-inch iron rod witb orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap")set for the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R-O.W.) line of Lima Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE,(L1) South 47 degrees 35 minutes 59 seconds West, departing the westerly R.O.W. line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract, a distance of 197.26 feet to a 1/2-inch iron rod with "Wallace cap" set for the POINT OF BEGINNING and southeast corner of the herein described tract, and being located at Texas State Plane Coordinate grid position N=10,141,746.5897 and E=3,061,132.3847, said point also being on the southerly line of said 91.548 acre least tract, and from which a cut"X"set in concrete marking the northwest corner of that certain called 2.73 acre tract of land described as a Right-Of-Way Easement to Cedar Park Water Supply Corporation, as recorded in Volume 4898, Page 1247, D.R.T.C.T. bears (L2) South 85 degrees 17 minutes 18 seconds East, at a distance of 21.94 feet; THENCE,North 85 degrees 17 minutes 18 seconds West,with the southerly line of said 91.548 acre lease tract,and continuing over and across said LCRA 2,352.66 acre tract,at a distance of 189.41 feet passing a 1/2-inch iron rod found and as called for in the field notes for said 91.548 acre lease tract,and continuing in all a total distance of 412.60 feet to a calculated point forthe southwest corner of the herein described tract; THENCE, departing the southerly line of said 91.548 acre lease tract over and across said LORA 2,352.66 acre tract and said 91.548 acre lease tract,the following two(2)courses and distances: 1) North 65 degrees 23 minutes 27 seconds East,a distance of 387.07 feet to a calculated point for the northernmost comer of the herein described tract; Page l of 3 Exhibit"L"(continued) Descripti roof a 0.898 acre tract 2) South 16 degrees 54 minutes 28 seconds lust, a distance of 203.89 feet to the POINT OF BEGINNING and containing 0.898 acres (39,t 04 square feet) of land,more or less, based on the survey and drawing made by The Wallace Group,Inc.,Round Rock, Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System(Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTIC Network. Coordinates shown are grid and distances shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. I, Daniel M. Flaherty,Registered Professional Land Surveyor No. 5004, State of Texas,do hereby certify tract this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. aniel M.Flaherty,R.P.L.S.95004 The Wallace Group,Inc. One Chisholm Trail,Suite 130 Round Rock,Texas 78681 Ph.(512)248-0065 DgME! N1.Ft AHERN 22951-FN02.doc ....... ...... ..... ��,- 5004c•� �y�•;`�sst�;,•yQ St1{�V� Page 2 of 3 DRAWING TO ACCOMPANY METES AND BOUN21S DESCRIPTION OF SUDSURF'ACE TUNNEL 'A' BASEMENT (0.898 ACRE) SITUATED IN TAE EAST TBXAS RAILROAD COMPANY SURVEY NO. 641, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OP A CALLED 91.648 ACRE LEASE TRACT DRSCRIDED IN FIELD NOTES PREPARED BY LOWOR COLORADO RIVER AUTHORITY (UNRRCORDED); .AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,962.66 ACRE TRACT OF LAND DRSCRIDED IN A DEED TO LO)rER COLORADO RIVER AUTHORITY, RECORDED IN VOLUME' 1168, PAGE 120 OF JIME DEED RECORDS OF TRA YIS COUNTY, TMS I LEGEND it a FOUND 1/2"IRON ROD (UNLESS OTHERWISE NOTED) -3 ®� FOUND TRAMS COUNTY ALUMINUM DISC 1 0- 1/2"IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE GROUP"SET (UNLESS f OTHERWISE NOTED) I1.- CALCULATED POINT — ---- _ _ D.R.T.C.T. .. DEED RECORDS, TRAVIS COUNTY, TEXAS Q.6A rI APPROXIMATELOCATION LINE O .� N 08'45'26" E - 389.74' F-:3 16 ' G4 �I+ � r J R 816,47' a L- 154.01' Cn 133,78' CALLED 2,352.68 ACRES 5 CALLED 91.548 ACRE LEASE TRACT ?:5'? CBS S 1028'49" E LOWER COLORADO RIVER AUTHORITY a DESCRIBED IN FIELD NOTES PREPARED BY 1.686 ACRE VOLUME 1180, PAGE 120 g LOWER COLORADO RIVER AUTHORITY TRACT D.1 0C.T. KA Z BEING A PORTION OF CALLED 2.352.GD ACRES TO *,r' LONER COLORADO RIVER AUTHORITY n VOLUME 1108, PAGE 120 of O S 17'13'40' E-- 2113.59' O.R.T,C.T, £ AND A PORTION OF G CALLED 20.8 ACRES To FIELD NOTE LOWER COLORADO RIVER AUTHORITY COMMENCING 1110, PAGE 377 :: :ri: ' '........ POINT o+":,::;:;:•.�;..::.::. GRID N: 10.141,870,6043 t>3 GRID! 3.061,278.0409 N ' 0.8A' EASEMENT ro;;.• � 0.888 ACRES (:39,104 SQ, FT. PORTION OF ci 1 CALLED 2.352.66 ACRES �i N 8317'38' W3"FE LOMCOLORADO RIVER AUTHORITY t5 CALLED 2,352.00 ACRES 412 60 CUT POST VOLUME 1168, PACE 120 �n KC ¢LOWER COLORADO RIVER AUTHORITY D.R.T.C.T. $ W.G VOLUME 1168, PAGE 120 FIELD NOTE L2 eT r N D.R.T.C.T, POINT OF �n� r- II r BEGINNING GRID N: 10.141,748.5897 .t^ OQERIIL NOIT a` GRID 9- 3,061,1323047 1.) ALL.PROPERTY CORNERS FOUND ARE CONTROL MONUMENTS. 2) SUIl ECT TO ANY AND ALL COWfNANT% RESTRICTIONS, EASEMENTS �(��O,p').F. yt• ,9 J AND CONDITKNS THAT MAY BE APPLICABLE. Ori9 3.) 1HE SURVEYOR DID NOT ABSTRACT THE SUBJECT TRACT, A�� y� 95 NUMBER DIRECTION DISTANCE 4.) THIS DRAWING 13 ACCOMPANIED BY A METES &BOUNDS DESCRIPTION. n °� y � Ll S 473534 W 187,26' 5.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE 4T.��o �� L2 S 0517'18" E 21.94' SYSTEM (CENTRAL ZONE, NAD83)'A4KH IS BASED ON LOWS ♦a Afl tij L3_ S 67'24'35' E 59.72' CENTRAL TEXAS OPS COOPERATIVE CORS RTE(NETWORK. vy J L4 - N 74'23'27" E 59.88' 8, COORDINATES SHOWN ARE OHIO AND DISTANCES SHOWN ARE SURFACE. a ® The Wall�ca Group, 110 One ChlahQlm 'Crap, Suite 165, Round Rock, Texas 78881 (512) 248-0085 �F,OF��'�� Engineers ■ Architects m Planners as Surveyors ��;•'G�$T�R'�i9 TOPE F-54 Waco * Killeen * Dallas * Rotund Flock �� ' fi�'•� i HEREBY STATE THAT TO 'THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT DANIEL M.FiAHERTY THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND 6008 �.s•�' a SURVEYS IN THE STATE OF TEXAS. THIS THE �� DAY OF AUGUST 2013, �ti`j•.�Sl�%1•�� SU SURVEYED: 06-25--2013 - AN AH TY RP . 04 3OF3 0 0 PLAT NO.. . _rl x4602 AFT DATE Ae—OB— 013 DRAWN BYE SCALEnn =HE—M%izRdWORK ORDER NO. 22951 176 23 FIELDBOOK/PG, ____ _� TAB #/ A-902 rA 0 2013 ALL RIGHTS RESERVED DIGITAL FILE _ 2295IR—SITE 8-71JNNEL F/N # 22951—FN02 EXMI'I'" " Subsurface Tunnel '13'Easement METES AND BOUNDS DESCRIPTION OF A 2.656 ACRE TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO,54, W.C.DOYLE SURVEY,ABSTRACT NO.2626,AND FRANCIS HARRIS SURVEY NO.516, TRAVIS COUNTY,TEXAS BEING A 2.656 ACRE (115,710 SQUARE FOOT) TRACT OF LAND SITUATED 1N THE EAST TEXAS RAILROAD COMPANY SURVEY NO, 54, W.C. DOYLE SURVEY, ABSTRACT NO. 2626, AND FRANCIS HARRIS SURVEY NO. 516, TRAVIS COUNTY,TEXAS; SAID 2.656 ACRE TRACT BEING A PORTION OF THA`1' C:EWPA1N CALLED 91,548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY (UNRECORDED);AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA), AS RECORDED 1N VOLUME' 1168,PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY,TEXAS(D.R.T,C.T.) AND A PORTION OF THAT CERTAIN CALLED 20.8 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY, AS RECORDED 1N VOLUME 1110, PAGE 377, D.R.T.C.T.; SAID 2.656 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: CONEM'NCING at a 1/2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as"Wallace cap") set for the easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly right-of-way (R-O.W.) line of Lime Creek Road (having a width of 60 feet at this location), and being located at Texas State Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE,(LI)North 38 degrees 14 minutes 56 seconds West, departing the westerly R.O.W. line of said Lime Creek Road, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 398.74 feet to a calculated point for the POINT OF)BEGYNNING and southwest corner of the herein described tract, and being located at Texas,State Plane Coordinate grid position N=10,142,192.7447 and U=3,061,031.1977, and from which a I/2-inch iron rod with orange plastic cap stamped "Wallace Group" (hereafter referred to as "Wallace cap") set bears (L4) South 73 degrees 05 minutes 32 seeonds West,at a distance of 32.94 feet; THENCE,North 45 degrees 47 minutes 31 seconds West,continuing over and across said 91.548 acre lease tract, and traveling partway over and across said LCRA 2,352.66 acre tract and partway over and across said LCRA 20.8 acre tract, a distance of 1,112.50 feet to a calculated point for the westernmost comer of the herein described tract, said point being on the northwesterly line of said 91.548 acre least tract,same being the northwesterly line of said LCRA 20.8 acre tract; THENCE, (L2)North 25 degrees 24 minutes 51 seconds East, with the northwesterly line of said 91.548 acre lease tract and said LCRA 20.8 acre tract, a distance of 105.63 feet to a calculated point for the northernmost corner of the herein described tract; Pagel of 3 I I I Exhibit (continued) j Desex ipti n of a 2.656 acre tract i I i THENCE, South 45 degrees 47 minutes 31 seconds East, over and across said 91.548 acre lease tract,and � traveling partway over and across said LCRA 20.8 acre tract and partway over and across said LCRA 2,352.66 acre tract,a distance of 1,201.69 feet to a calculated point for the easternmost corner of the herein j described tract,and from which a 1/2-inch iron rod with"Wallace cap"set on the common easterly line of said 91.548 acre lease tract and the westerly R.O.W. line of said Lime Creek Road bears (LS)North 73 degrees 05 minutes 32 seconds East,at a distance of 46.90 feet, j I THENCE, (L3) South 73 degrees 05 minutes 32 seconds West, over and across said LCRA 2,352.66 acre tract and said 91.548 acre lease tract, a distance of 114.21 feet to the POINT OF BEGMgNG and containing 2.656 acres(115,710 square feet)of land,more or less, based on the survey and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July and August of 2013. i Bearings are based on the Texas State Plane Coordinate System (Central Zone,NAD83)which is based on Leica's Central Texas GPS Cooperative CORS RTK Network. Coordinates shown are grid and distances i shown are surface. A drawing of even survey date herewith accompanies this metes and bounds description. 1, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004,State of Texas, do hereby certify that this metes and bounds description and exhibit drawing A-4602 attached hereto was prepared from an actual survey of the property performed on the ground and that the same is true and correct. Ad Panel�M.Fl abertyR.P.L.S.#5004 The Wallace Group,Inc. OF T One Chisholm Trail,Suite 130 Round Rock,Texas 78681 •• •.......°:;n Ph. (512)248-0065 AAMEL K FL.AHERTY 22951-FN03.doc �so0a �.c',�. ° suety i i i i i i j Page 2 of 3 i EXHIBIT "$,_" I BRAWIN& TO ACCOMPANY METES BOUNDS DESCRIPTION OF SUBSURFACE TUNN$L 'D' EASRHNNT (2.656 ACRESJ SITUATED IN THE EAST TEXAS RAILROAD COMPANY SA.87EY NO, 64, 1r.C. DOYLE SURVEY, ABSTRACT NO, 2626,AND FRANCIS HARRIS SURVBY NO. 618, TRAVIS COUNTY, TEXAS, ANINC A PORTION OF j A CALLED 91.540 ACRS LEASE TRACT DESCRIAED.IN FIELD NOTES PREPARED BY LOWER COLORADO RIVER AUTHORITY j (UNRECORDED), AND ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,362.66 ACRE TRACT OP LAND DESCRIBED IN A DEED TO LOJ ird>'R COLORADO RIVER AVTR'ORITY, RECORDED IN VOL. f f 68, PAGE f20 AND A PORTION OF TEAT CERTAIN CALLED 20.8 ACRE TRACT OF D RECORDED IN VO 1ff0 ACE 377 OF MLD 000RDS OF TRAVIS CDUN ERAS LEGEND CALLED 81.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PREPARED 8Y 0 A FOUND 1/2"IRON ROD (UNLESS OTHERWISE NOTED) LOWER COLORADO RIVERAUTHORITYSSS}a FOUND TRAVIS COUNTY ALUMINUM DISC BEWGNAEPPOOTIOOT OF 0 = 1/2° IRON ROO WITH ORANGE PLASTIC CAP I LOWER CLLEOOL0122A00 FIVER ACRES STAMPED "WALLACE GROUP" SEI' VOLUME 1168,PACE 120 A a CALCULATED POINT ARD A FCRn0H Cf D.R.TC.T.= DEED RECORDS, TRAVIS COUNTY, TEXAS CALLED 70.0 ACRES TO A Q , 7 LOVER COLORADO RIVER AUTHORITY Q A Vq,UNE 1110,PACE 377 {( Y h Aix, Srt+ G 1N4� APPROAMATE LOCATION OF SURVEY UNE _ JV~ o 1 N 08'45'26` E-- 388.74' CALLED 81.546 ACRE LEASE TRACT 1LaI` 6A. i y DESCRIBED IN FLELD NOTES PREPARED BY 146;, j 10'49'15" LOWER COLO RADO RIVER)AUTHORITY W BELNO AEI V OF 51 FIELD NOTE S L= 1.14,01 �jA5gQ8YgE�hs CALLED 2.315200 ACRES TO POINT' OF C= 153.76' IE LOWER COLORADO RIVER AUTHORITY 4 CBA S 10'28'49"E pD VOLUME 1106,PAGE 120 BECINNING S I 0.R.T.C.T l GRID Nt 1Q,142,t9Z7447 'I' ::•:::•:•� E �SpAgAv1S i CALLEDA20 BRpACR£5 7D GRID E: 3.081.031.1477 .'....• ....:i:. 47 �,0 Q LOWER COLORADO RIVER AUTHORITY :; ? S 17'1340' E ,:i voLUMe It1D PACE 477 FIELD NOTE 278,59'D,R.T.0.T. COMA(AL'NCING CALLED 2.352.86 ACRES 6 CALLED 20.8 ACRES POINT :..?�:;. 1083 ACR LOWER COLORADO RIVER AUTHORITY s GRID N: 104141,879,604 hh..,, LOWER COLORADO RIVER AUTHORITY CRro E, 3,a61,276.04Go ::..':•l. TRACT VOU11titE 11$8,PAGE 120 VOLUME 1110 PAGE 377 D.R.TC.T D.R.7.C.7. gig PORTION OF CALLED 2,35266 ACRES .49 CALLED 2,352.66 ACRES LOWER COLORADO RIVER AUTHORITY LOWER COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120 I� VOLUME 1166, PAGE 120 D.R.TC,T. I).R.T.C.T GENERA!,NOTES`. i 1.) ALL PROPERTY CORNERS FOUND ARE CONTROL MONULIENTs. NUM RECTION DISTANCE B DIi 2.) SUBJECT TO ANY AND ALL COVENANTS,RESTRICTIONS,EASEMENTS N DI '5,8` W AND CONDITIONS THAT MAY BE APPLICABLE. L1 398.74' 3.) THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT TRACT N 2524'61` E 105,03' 4,) THIS DRAWING IS ACCOMPANIED BY A METES do BOUNDS DESCRIPTION. L3 S TJb'3 - W 114,21- 8.) 1 .2'8.) BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE L4 S 73'05'32" W 32.9,V m SYSTEM(CENTRAL ZONE, NAOB3)WHICH IS BASED ON LEICA'S L5 N 73'05'3 ILI CENTRAL TEXAS GPS COOPERATIVE CORS RTK NETWORK. L6 S 6724!35,* E 59.72' M 6.)COORDGIATES SHOWN ARE GRID AND DISTANCES SHOWN ARE SURFACE L7LN 74-032r E 5D.881 I The Wallace GIroup, Ina Ono Ch3aholm Trafl, Suit* 130, Round Rock, Texas 78881 (512) 248-0085 ,(4�,OF . Engineers a Architects ® Planners m Surveyors , TBPE F-64 Waco * Killeen * Dallas * Round Rock �� "........ .1sT g I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BEUEF THAT DANIEL M.FULN!RTY ........0....,ERTY 9 THIS PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LANDt ' 5004 a SURVEYS IN THE STATE OF TEXAS. THIS _ DAY OF _ MOST 2013 9'at'�:�s}O�•y0 SURVEYED. 06-25-2013 DANIEL M. FLAHER R LS NO. 3 OF 3 300 0 PLAT NO.___�� _ DR Fl DATE QS-4SM2013 DRAWLY BY.SRM SCALEm Nig WORK ORDER NO. 295i FIEL.DBOOK/PG. 178 23 TAB # A 4$03 0 2013 ALL RIGHTS RESERVED DIGITAL. FILE 22981R—SITE Li—TUNNEL F/N � --- 22951—FN03 EXH[BIT B That certain Parc Lease dated May 19, 1992,by and between the Lower Colorado River Authority, as lessor, and Travis County, as lessee. PRORATION AGREEMENT To: Graoy Title,a Stewart Gompany RE: File No: 01247-22390 Date: April M ,2014 Property: TRACT 1::1.685 acres of land, more or less, out of and a part of the D.W. Doyle Survey No. 54;Abstract No.2648, in Travis County, Texas, being out of and a part of that 2352.66-acre tract conveyed to the Trower Colorado River Authority in,that deed recorded in Volume 1168, Page 124, of the Deed Records of Travis County, Texas, and being more fully described by metes and bounds in the attached ahibitA. TRACT 2:A nonexclusive temporary construction.easement estate over and across 0.802 of an.acre of land,more or less,out of and a part of the D.W Doyle Survey No.54,Abstract No. 2648,in Travis County,Texas, being out of and a part of that 2352.6&-acre tract conveyed to the Lower Colorado River Authodty in that deed recorded in Volume 1166, Page 120,of the Deed Records of Travis County,Texas,and being depicted.on the attached..Exhlbi. .and being more fully described by metes and bounds in the field notes to be famished in accordance with Schedule C requirement. TRACT 3:A nonexclusive subsurface tunnel easementover and.across 0.898 of an acre of land,more orless, out of and a part of the D.W.Doyle Survey No.54,Abstract No.2648,'in Travis County,Texas, being out of and a part of that 2352:66-acre tract conveyed to the Lower Colorado River Authority in that deed recorded In Volume 1168, Page 1.20,of the heed Records of Travis County,Texas,and being more fully described by metes and bounds in the attached 2±ib(t TRACT 4:A nonexclusive subsurface tunnel easement over and across 2.656 acres of land, more or less,out of and a part of the D.W.Doyle Survey No.54,Abstract leo.2648;and the F. Harris Survey No.516,Abstract No.364, in Travis County,Texas, being out of and a part of that 2352.66-acre tract conveyed to the Lower Colorado RiverAuthority in that deed recorded Ill Volume 1168,Page 1.20,of the Deed Records of Travis County,Texas,and out of and a part of that 20.8-acre tract of land conveyed by J.S.Wheless, Jr.,to the Lower Colorado River Authority in that deed recorded in Volume 1110,Page-377,of the Deed Records of Travis• County,Tea:as,and being more fully described by metes and bounds in the attached Exhibit D. NOTE:The Company does not represent that the above acreage or square footage. calculations are correct. This indicates our understanding of the handling of the prorations for rents and property.taxes in the referenced transaction. The property taxes for the current year cannot be determined at this time, the purchasers will be given credit for their share of the current year's taxes,in consideration of which purchaser will pay the full tax for the year when taxes are due. This amount is based on an estimate, since,current.ligures are not yet available.The purchasers are aware that they must taken copy of their recorded deed when received to the Central Appraisal District in order to have the taxes changed into their names and file for any exemptions,which apply. If the actual tax :assessment exceeds the estimated amount prorated at closing, seller agrees to immediately reimburse the purchaser the additional sum owed for the period from January 1 st up to-the closing date. Should the actual tax assessments be less than the estimated amount prorated at closing, purchaser agrees to immediately reimburse the seller the excess amount prorated/credited at closing_ Rent has been prorated as approved.by Seller and Purchaser. Similarly, any adjustments to be made with regard to the other prorated matters due to a change in the amounts collected will be reimbursed directly between the seller and purchaser. All parties understand.that Gracy 71tia,a Stewart Company will not be responsible for, nor will they be involved in any rent or tax proration settlement, post closing. It its agreed that Seller and Purchaser will contact each other directly, and the refund will be paid immediately upon written notdf3cation (with supporting documentation)from the other party that same is due SELLER(S): PURCHASER(S): Lower Colorado RiverAuthodty Brushy Creek eglonal Utility Authority, Inc_ 3009 Glacier Pass, Suite 101 - Cedar Park TX 78613 C '� aa, Phone: (512)690-2260rt-1 , � t, Fax: (512) 727-6216 0 Brushy Creek Regional Utility Authority, Inc. September 10, 2014 221 E. Main Street Round Rock,TX 78664 RE: File No.: 01247-22390 Property: 0 Lime Creek Road, Austin,TX 78641 To Whom It May Concern: Enclosed herewith, please find the original Owner's Policy and original recorded document(s) in connection with the above referenced transaction. This policy contains important Information about the real estate transaction you have just completed. Please remember that our company has a permanent file for this property and can assist you with your title insurance needs in the future should you wish to sell or obtain a loan on your property. It has been a pleasure to be of service to you for this transaction. If you should require anything further, please contact the undersigned Sincerely, Pam Freydenfeldt Escrow Officer enclosures Form T-1: Owner's Policy of Title Insurance(Rev.113114) If you want Information about coverage or need assistance to resolve complaints,please call our toll free number: 1.800.729-1902. If you make a claim under your policy,you must furnish written notice In accordance with Section 3 of the Conditions.Visit our World Wide Web site at:http://www.stewaCt.com. OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY, a Texas corporation (the"Company") insures, as of Date of Policy and,to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,sustained or incurred bythe Insured by reason of: 1. Title being vested other than as stated In Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk Includes but Is not limited to Insurance against loss from: (a) A defect in the Title caused by: (i) forgery,fraud, undue Influence,duress, Incompetency, incapacity,or.impersonation; (11) failure of any person or Entity to have authorized a transfer or conveyance; (III) a document affecting Title not properly created,executed,witnessed, sealed,acknowledged, notarized or delivered; (Iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired or otherwise Invalid power of attorney; (vl) a document not properly filed, recorded or Indexed In the Public Records Including failure to perform those acts by electronic means authorized by law;or (vil) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" Includes encroachments of existing Improvements located on the Land onto adjoining land, and encroachments onto the Land of existing Improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having Its Inception on or before Date of Policy. 3. Lack of good and Indefeasible Title. 4. No right of access to and from the Land. Covered Risks continued on next page. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: Stewart title guaranty company > tir€4r say€ i � rx; Mott Morris, Gracy Title a Stewart Company ,a,.l.,: 100 Congress Avenue,Suite 100 ��';aa�.g_4;T.: {Q:q Austin,TX 78701 Agent ID: 430150 - � - a..z Lcni rtt Sccratary File No.:01247-22390 Page 1 of Policy 0-5966-000040366 Serial No. CONDITIONS 1. DEFINITION OF TERMS. secured by a purchase money Mortgage given by a purchaser The following terms when used in this policy mean: from the Insured, or only so long as the Insured shall have (a) "Amount of Insurance":the amount stated In Schedule A,as liability by reason of warranties in any transfer or conveyance of may be Increased or decreased by endorsement to this the Title. This policy shall not continue In force in favor of any policy, increased by Section 8(b), or decreased by Sections purchaser from the Insured of either(1) an estate or interest in 10 and 11 of these Conditions, the Land, or (Ii) an obligation secured by a purchase money (b) "Date of Policy": The date designated as"Date of Policy"In Mortgage given to the insured. Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. company or other similar legal entity, The Insured shall notify the Company promptly in writing (I) in (d) "Insured": The Insured named In Schedule A. case of any litigation as set forth in Section 5(a)below,or(Il)In (1) the term"Insured"also Includes: case Knowledge shall come to an Insured hereunder of any (A) successors to the Title of the Insured by operation of claim of title or Interest that Is adverse to the Title, as Insured, law as distinguished from purchase, Including heirs, and that might cause loss or damage for which the Company devisees,survivors,personal representatives or next may be liable by virtue of this policy, if the Company is of kin; prejudiced by the failure of the Insured Claimant to provide (B) successors to an Insured by dissolution, merger, prompt notice, the Company's liability to the Insured Claimant consolidation,distribution or reorganization; under the policy shall be reduced to the extent of the prejudice. (C) successors to an Insured by Its conversion to When, after the Date of the Policy, the Insured notifies the another kind of Entity; Company as required herein of a lien, encumbrance, adverse (D) a grantee of an Insured under a deed delivered claim or other defect In Title Insured by this policy that is not without payment of actual valuable consideration excluded or excepted from the coverage of this policy, the conveying the Title; Company shall promptly investigate the charge to determine (1) if the stock, shares, memberships, or other whether the lien, encumbrance, adverse claim or defect or other equity interests of the grantee are wholly-owned matter Is valid and not barred by law or statute, The Company by the named Insured, shall notify the Insured In writing,within a reasonable time,of its (2) If the grantee wholly owns the named Insured, determination as to the validity or invalidity of the Insured's claim (3) If the grantee is wholly-owned by an affiliated or charge under the policy. If the Company concludes that the Entity of the named Insured, provided the lien,encumbrance,adverse claim or defect is not covered by this affiliated Entity and the named Insured are both policy, or was otherwise addressed In the closing of the wholly-owned by the same person or Entity,or transaction In connection with which this policy was Issued, the (4) If the grantee is a trustee or beneficiary of a trust Company shall specifically advise the Insured of the reasons for created by a written Instrument established by Its determination. If the Company concludes that the lien, the Insured named in Schedule A for estate encumbrance, adverse claim or defect is valid, the Company planning purposes, shall take one of the following actions: (1)Institute the necessary (ii) With regard to(A), (B), (C) and (D) reserving,however, proceedings to clear the lien, encumbrance, adverse claim or all rights and defenses as to any successor that the defect from the Title as Insured; (It) Indemnify the Insured as Company would have had against any predecessor provided In this policy;(III)upon payment of appropriate premium Insured. and charges therefore, issue to the Insured Claimant or to a (e) "Insured Claimant":an Insured claiming loss or damage, subsequent owner,mortgagee or holder of the estate or Interest (f) "Knowledge"or"Known":actual knowledge, not constructive in the Land insured by this policy, a policy of title Insurance knowledge or notice that may be imputed to an Insured by without exception for the lien, encumbrance, adverse claim or reason of the Public Records or any other records that defect,said policy to be in an amount equal to the current value Impart constructive notice of matters affecting the Title. of the Land or, If a loan policy, the amount of the loan; (1v) (g) "Land", the land described in Schedule A, and affixed Indemnify another title insurance company in connection with Its Improvements that by law constitute real property.The term Issuance of a policy(les) of title Insurance without exception for "Land"does not Include any property beyond the lines of the the lien, encumbrance, adverse claim or defect; (v) secure a area described in Schedule A, nor any right, title, Interest, release or other document discharging the lien, encumbrance, estate or easement In abutting streets, roads, avenues, adverse claim or defect; or(vi)undertake a combination of (1) alleys,lanes,ways or waterways,but this does not modify or through(v)herein. limit the extent that a right of access to and from the Land is Insured by this policy. 4. PROOF OF LOSS. (h) "Mortgage": mortgage, deed of trust, trust deed, or other In the event the Company is unable to determine the amount of security Instrument, Including one evidenced by electronic loss or damage, the Company may, at Its option, require as a means authorized bylaw. condition of payment that the Insured Claimant fumish a signed (t) "Public Records":records established under state statutes at proof of loss. The proof of loss must describe the defect, lien, Date of Policy for the purpose of Imparting constructive encumbrance or other matter insured against by this policy that notice of matters relating to real property to purchasers for constitutes the basis of loss or damage and shall state, to the value and without Knowledge.With respect to Covered Risk extent possible,the basis of calculating the amount of the loss or 5(d), "Public Records" shall also Include environmental damage. protection lions filed In the records of the clerk of the United States District Court for the district where the Land Is 5. DEFENSE AND PROSECUTION OF ACTIONS. located. (a) Upon written request by the Insured, and subject to the (j) "Title":the estate or Interest described In Schedule A options contained In Sections 3 and 7 of these Conditions, (k) "Unmarketable Title":Title affected by an alleged or apparent the Company, at its own cost and without unreasonable matter that would permit a prospective purchaser or lessee delay,shall provide for the defense of an Insured In litigation of the Title or lender on the Title to be released from the In which any third party asserts a claim covered by this obligation to purchase, lease or lend If there is a contractual policy adverse to the Insured. This obligation Is limited to condition requiring the delivery of marketable title, only those stated causes of action alleging matters Insured against by this policy.The Company shall have the right to 2. CONTINUATION OF INSURANCE. select counsel of Its choice (subject to the right of the The coverage of this policy shall continue in force as of Date of Insured to object for reasonable cause) to represent the Policy in favor of an Insured, but only so long as the Insured Insured ds to those stated causes of action. It shall not be retains an estate or Interest In the Land, or holds an obligation liable for and will not pay the fees of any other counsel.The File No,; 01247-22390 Serial No.: 0-5966-000040366 Page 3 CONDITIONS Continued 10. REDUCTION OF INSURANCE; REDUCTION OR 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE TERMINATION OF LIABILITY. CONTRACT. All payments under this policy,except payments made for costs, (a) This policy together with all endorsements,If any,attached to attorneys' fees and expenses, shall reduce the Amount of it by the Company is the entire policy and contract between Insurance by the amount of the payment. the Insured and the Company. In Interpreting any provision of this policy,this policy shall be construed as a whole. 11. LIABILITY NONCUMULATIVE (b) Any claim of loss or damage that arises out of the status of The Amount of Insurance shall be reduced by any amount the the Title or by any action asserting such claim, shall be Company pays under any policy Insuring a Mortgage to which restricted to this policy, exception Is taken In Schedule B or to which the Insured has (c) Any amendment of or endorsement to this policy must be In agreed, assumed, or taken subject or which is executed by an writing and authenticated by an authorized person, or Insured after Date of Policy and which Is a charge or lien on the expressly Incorporated by Schedule A of this policy. Title,and the amount so paid shall be deemed a payment to the (d) Each endorsement to this policy Issued at any time Is made Insured under this policy. a part of this policy and Is subject to all of Its terms and provisions. Except as the endorsement expressly states, It 12. PAYMENT OF LOSS. does not (1) modify any of the terms and provisions of the When liability and the extent of loss or damage have been policy,(ii)modify any prior endorsement,(iii)extend the Date definitely fixed in accordance with these Conditions,the payment of Policy or (iv) increase the Amount of Insurance. Each shall be made within 30 days. Commitment,endorsement or other form,or provision in the Schedules to this policy that refers to a term defined in 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. Section 1 of the Conditions shall be deemed to refer to the (a) Whenever the Company shall have settled and paid a claim term regardless of whether the term Is capitalized in the under this policy, it shall be subrogated and entitled to the Commitment,endorsement or other form,or Schedule. Each rights of the Insured Claimant in the Title and all other rights Commitment,endorsement or other form, or provision in the and remedies In respect to the claim that the Insured Schedules that refers to the Conditions and Stipulations shall Claimant has against any person or property,to the extent of be deemed to refer to the Conditions of this policy. the amount of any loss, costs,attorneys'fees and expenses paid by the Company, If requested by the Company, the 16. SEVERABILITY. Insured Claimant shall execute documents to evidence the In the event any provision of this policy, in whole or In part, is transfer to the Company of these rights and remedies. The held invalid or unenforceable under applicable law, the policy Insured Claimant shall permit the Company to sue, shall be deemed not to include that provision or such part held to compromise or settle In the name of the Insured Claimant be Invalid and all other provisions shall remain in full force and and to use the name of the Insured Claimant in any effect. transaction or litigation Involving these rights and remedies. If a payment on account of a claim does not fully cover the 17. CHOICE OF LAW;FORUM. loss of the Insured Claimant, the Company shall defer the (a) Choice of Law:The Insured acknowledges the Company has exercise of its right to recover until after the Insured Claimant underwritten the risks covered by this policy and determined shall have recovered Its loss, the premium charged therefor in reliance upon the law (b) The Company's right of subrogation Includes the rights of the affecting interests in real property and applicable to the Insured to indemnities, guaranties, other policies of Interpretation,rights, remedies or enforcement of policies of Insurance or bonds, notwithstanding any terms or conditions title Insurance of the jurisdiction where the Land is located. contained In those Instruments that address subrogatlon Therefore,the court or an arbitrator shall apply the law of the rights. jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the 14. ARBITRATION. Insured, and In interpreting and enforcing the terms of this Either the Company or the insured may demand that the claim or policy. In neither case shall the court or arbitrator apply its controversy shall be submitted to arbitration pursuant to the Title conflicts of laws principles to determine the applicable law. Insurance Arbitration Rules of the American Land Title (b) Choice of Forum:Any litigation or other proceeding brought Association ("Rules"). Except as provided In the Rules, there by the Insured against the Company must be filed only In a shall be no joinder or consolidation with claims or controversies state or federal court within the United States of America or of other persons. Arbitrable matters may Include, but are not Its territories having appropriate jurisdiction, limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy,any service in 18. NOTICES,WHERE SENT. connection with Its Issuance or the breach of a policy provision, Any notice of claim and any other notice or statement In writing or to any other controversy or claim arising out of the transaction required to be given the Company under this Policy must be giving rise to this policy.All arbitrable matters when the Amount given to the Company RO. Box 2029, Houston, Texas of Insurance is $2,000,000 or less shall be arbitrated at the 77252-2029. option of either the Company or.the Insured,unless the Insured Is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance Is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered In any court of competent jurisdiction. File No,:01247-22390 Serial No.: 0-5966-000040366 Page 5 I t . 1 1 1 • �,A 1.633 ACUI TRACT OF LAND � 1 81TVATED IN 7l=YRAST MUS RAMROAD COMPANY SURYBY NO,54, T AVE5 CO N17,TEXAS 1 ' 13PM(3 A 1,685 ACRE(73,385 SQUASS FOOT)TikACT OF LAS$1T[IAUD W TM W'>:TVAS RAILROAD COWANY SVRVBY NO, 54,TRAWS COC WYT ' A%,SA)D 1,665 ACkU TIZ ff U NQ A PORTION OF THAT CB.'1'A1N CALLED 93,W AM 1,8AM TRACT DESCMM M PMLD'NOT13S P1ZT3X',AM BY L.OWBA COLORAW MR AUTHOM7(UN1tW0WM)),,AM ALSO BEING A PORTION OF THAT CBVA.1N CALLED 2,352,66 ACRE TRACT OR LOM' D,ESCRU1EI7 IN A DEED TO LOVER,COLORA O RVEA ACJMORIT'Y(WRA),AS RBCORVB a 1 i 1N 'VOLT2vSl3 116$, PAO 120 01? THE TEED RE00I)138 O� TRAVxS CQITiI•]'I'lt', TEXAS i (DR,AND 4T-),'S A$FI a�VC1 TRACT'UO3 R01W PARUCULARLX ,9 BD DY WTE d 1 t . ' I1;CGR%%NG At a 11.E lnOB iron.rod w4h orange plastlo oap stamped"WgIge 01vup"01%vaftor referred to as"WA1Ut►ae 0.P11)sot POT tho oastrrmooRl emhmst oomor oft1w harem dssorlbod tt oto same marking the 0natarnrnost soutb44st ooMOT of said 91,54$ acre WOO tr=t, and bsk ig an the wastarly'rlght,-of,way (WX)tine ofLims Croda Read(hav14 a width of 0 foot of this loautlan),'and balq lo.oated tit Tewils State Plano Coorlinate,V-1d ppsitian Nom]O,Sq 1,$7�.60d8 rind E ,061,2;$.p4Q9; TMNCB,depattbig the wtmterly RD W.1ine of gall Lime Creak Apsd, wM the sopdierly Ho of said 91,548 acre lease tract,over and aaro;m said 1.G1ZA.2,3 52.66 acro hoot,the liitlDwing tbrbo(3)courses and I i 1) (Lr)Soudi 62 dogt,=0,!1 niimiton 46 seconds Nest,a distanoe of 108,65 feet to a 11 Inub iron nd with nVallaoo oap"soh fail an angle point oftho heroin desaaIW traot; ' 2) (L2)w`otittt 12 dogrem 37 mGautea sl sccodds Wu,t,n distance of 37,71 fbet to it 112-lnoll Imn rod with"WQII4aa coir"60t ft an Oehl Nfnt Df'the hemIn dewrlbod tract; i I 3) 0)5011th 27 degrees 58 mint toa 14 s000nda Legs%a distgng4 of 32x37 foot to 04uah galvunizrd I f9r,00 post Or an"glo point of the barein r uaWbod trait,said paint bahig on the northerly lftto of II that aedain oallad 2,73 care ttaot of lend desot'1W ass a Eight-Of Way&serracnt to Codar Park Water Supply Carporatloti,as MOOAed In Yolumo 4$98,Page 1247,J).Wr C,T,, i I TMNCE,(L4)South 62 degroos 01 wInutas 46 snoonds Wort,wA tho common so'00ierly ilea of said I 91,54$ aore lehse"" ,anti the Wrthw'ly 11116 01 sold 1,73=10 tM01 acid con$u3I g aver mid across saki LORA.2,352,66 acro war•,a dlstnnnu of 3938 kbot to a tut`V In vmnw oto set Tor rue aduthaemmost carrot• of said 111.348 acro Iteso traot and tho herein dawrlbod vaor,same marking tho nortlimat at corer of acid 2.73 acre traot; t THENCE,(M)North 85 dop,roav 11 minutes I avaonds Wast,with the southarly line ofaidd 91.548 aore j lonso h•ac-;and coiatlnuing ovor and eorvi&Paid LCRA 2,352,66 aore tract;a Q=t 02194Itot.to a 112- !� inoli Iron rod with"Wallaoe oap"sit for tha aouthweat comor of the herofa dosaribed traot,and from whiofi A 112-inolt iroii rod found and as called for In tho field notes for mid 91.548 noro lease tract boars North 85 t clegrws I7 MIntitoo 1$soopnds Woot,at 4 distknoo of 189.41 feet; 1 . foga 1 D£'3 4 k t Auatin Data, Ina. GR AD113682 TR 2014062484.005 MOW TO AGG0U ANY,,VRVVIV P=,,WP;P1oV OP 4 � i f,00 AC1f); 2'R,iV OV W..0 ,512'UAT1S11 1N �'.qN pAp 2Nh"dS° WA-o oi1fA.IJ411r mum,m, b4, 2'ddAF1S � 001,10", T'S,KAg rSl1'.0 XPING1,ri r010110N Olt A VAWD Of,645 AGRN ZF462 :5467 W pjS`L3T I NATES PR$,txaR P'D ,Nk'.bt}fYh',R' Ct71'Okr o'pJVX! AVVIIOXU27 XM',AGSO mo A kORTION'Iop j 7'uv VirRT,A1N 8,dzbA'!? 064,65 A0,11H MOT 00.GdN'.D A9607aRb 1N A DRID 2'0 zoon C4x0124A4 R1YR.R I A(T7'8f)I + RBCORDb'A IN VIIG .If f fee1°A OR fR0 op T.a'S SATO RGb1lbS ppPRdYSS Oft NPY 2'13XA5 ! 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JJ Au,rflw4r?opri fr6 Foum m WN[RpL mouvw$Vf8 d Q" kb Mn !xV DMANR ' 2,} 90 GCT T6 ANY W ALk COWNANTS,RM1RIU1100,Whlartls AND tx1NDCNONS t11Ar MAY mAAPUpAf `�� 2�"r L2 g $^W 77f' 3,) 7K BU�i'rt;YM DM NOT A06TAADY'11•IL SOWYRA1f7 g 4 R69 WRAWANG 16 ACDOiI hN O0 BY A A=14 00URUZ nFft(,VMON, a G.; fiIfARIIfOG APX nA`rW 01 1K TEXAS DVV Mat 00OW N ?,1.9 mmm t pPBttn1iViKlRDWICNtflRS t+l tWuRlIN;Dla s �� yY Lt; $-I CW WRIA1;✓7 SHOWN MF GRID ACID Vi5TMM- VOW ARL GURFAOC, � 1.7 The Wallace Grog ; Ino. 1 One Ghlsholm TCaIIF SWtu i30, Rnbnd Runk,Tono 101 1319' 246--PO65 Engineers a ArnhRooto m Planners x purveyors F-�sa Waco Killeen * Galles * Ro-urid Rock 'tv.. M.PI.f11�31;ti1Y I HEREBY M111 THAI TO V3 SUT OF IdY pROPSTONAI.i(NO�'lLI.004 AND BFJJW THAT ` l"M. " a—R,�• fiq PLAT AND, JHR uRV>;Y UPp� WNIoH I� Af F1N6 RE UI�FO1l�Abtq � gtig �t r SUMS IN TWIZ SrA79 OF't�(1'>9, I}(19 u� 1 %RVEY2Ut DB-26— 613CA 4LE p 3 tli 3 D PLAT NO, M w OR A DAT. BRAWNYMC SCALE _ _ WORK (IMER N(Ir � ME#OOOK/Po. 91 TAI3#`..A•=AM o tD 013 ALL RID T8" L wNtlDT . i Austin Data, Inc. GR ADI3682 2'R 20i4062489.007 I bescr�iptigq of n 17,898 a�4�rnoC 2) South 16 doom 54 MInutoa 28 4000nds Hast; a d9sWm of 201,89 foet to 60 P0%T OF ; RRGMNMO and Oontnfning 0,898 sores(39,104 square feet)of Ind,:more or less,based on the i survey and dMWIhg inadd�Y Tlto WOW Ofbup,Inc.,Round Rook,U ns in Tuly and August of a 2013, I 13eaxittgs are based on 04 Texas State PIana Cooidinato System(tietttrai 2pne,NAD83)whioh ie based on � Weals Centra}T6xas eP$Coopentive CORE RTX Notwark, Coordinates shavm are grid tsnd.dietanom i shown are Waco, � A,drawing ofeven survoy data bomwf&s000mpbntea this motes nod bounds desedption. j . i • i Y;1aan�el M.lFlsharky,S $ietfl d k�rofessianal sand Surveyor No.5004, State ot"Z*n,de hems y vW f, i that this motes and bounds daeortptloa and exWhft(Irawin,8,A.-1602 04thod 3ws was prep►uvd from an i I actull Survey oftho property perfonnod on Am ground atxi that 111a,,moxa true and oomai•, I j ' I o1 IvY,1'laharty,lt.P,L,w,t�3004 i 'F]za Wnllac$t3roup,Ana, r) C7neChisholmxt�i1,suite150 XWundRoo1,Texas7801 iirra'a1, *'baa. Ph,(512)248.0065 PAUL Lt MAHt;W .a 46aA7a a►t afa. 22A51•- 02.doa �04 . i i f (S i t t { t hge 2 of 3 s jr t Austin Data, xna, GR AD113682 TR 2014062486,007 1 • i s i t t . i Subaui�`aoe'1'unuel�T3')Sastittept MTXS AND 13OUNDS MC1tI TION Op'A i 2,656 ACIC, TUCTOFLAM MAT0 IN TIM EAS'TZXAS R AXROAII COMM SCCA MI N 354, W.C.7DOY,LF,SVAVXY7 AIISTRACT NO,2626,AND 7R4NCXS HAPMS SURM, N0,5X6, i TRAWS COUNTY','I',YA.S 13MIG A 2.655 AORB (115,710 SQ1;JAPX FOOT) TikAGT ()1z LANj) S1TTJA"1TBl? )N 73R EAST TBXA.a RAllIRQAD QGWANY SC,1RM N0, 54, G4,C,))OYLE SUAYZYy ABSTRACT 140,2626, r AND FMN018 AkMC 4TRWY NO,$16,TRAVIS COtJM7,TBXAS;SAID 2.656 A00,'RACT BRING A PMTIQN 013 'pDA r C:13xPA.J N CALLB1,9 91,548 ACM UA.SB TRACT 17B81QP3B1).IN 1 JF1R1 D NOTES PREPAIMIB 13Y LOW BR COLORADO It1M ADTHORITY(UNR1rGOURi))r AND i ALSO BEING A I10MION 01r TRAT OB)TAXN CALL131,? 2,3.12,65 ACRS MCT OF LAND M=MED EN A MW TO LOIVRS.COLOR00 9M,AUTHC3W'X Y(LORA,),A8 it.BC(MM ! IN VOLU1 M 1168,:PAQB 120 OF TMDPPV UCORDS QF TRAVIS GCY[7Nry,TEAS(D.RT,C.T,) AND A tORTION 01?THAT OF,R,TADI CALLM 20,$AM TRACT OF LAND DUMME171N A DEED TO LOWER CCLQRa0 RXVM A'IJTIdoRITY,AS MC(>RAB)D IN')rc711<.W I11,0,PAGB 377, D R T.C:T.; SAID 2,656 ACID-TRAOT 13EING M01M PA.R'TSMAMY I3B5CI. M) BY TvMM AM)WUNDS AS FOLLOWS, l COM[lMCII G at A 1l2•biah iron Soa with bzanp,o pl"(ia oap stamped "'Wullrastt Grwp" (horwnftar r 4rmd to ns IIWAllrtco cap")Oct far the MtarmMt southwt corner of said 01.548 ow lease tract;and Wing ort the wastedy rkpltt-of4way(1 '0'w.)lips of J-fmov Creek Xpod(having a Nviddi of 60 t6ot at this r location}, Md b0149 .located at Texas Skate Mune Coardinate grist poglkion NRI(4141,R79,6043 and � X;=3,d69,278.p494; . TX +TCJ3,tl.1�Noitta 3 R degreos 14 rhinulw 56 scmids Wost,doparling the westerly 1t,C3,W,line of said Limo Q-eok Road, MR- and noross said LCRA 2,352,66 aor) (riot surd aid 91,548 am hasp traot; it disJt mw of 39834 toot to a oalculated point for the PQIMT()ITMaEIlINLi`Q and Mfllwost oomar'Dftlae j heroin 6so,&od 4-tot,anti bouts loonled at"force State plane Coordlnata grid position N=10,14x,19?.,1447 and",061,03MP77, and from which a 17�,iatoh Iron rod wlih'oatn a plastic Dap stamped %lidlaco ' Cdroup"(horeaftor a�ef ved to na vallaua asap,)sat bunts UA)Saulh 7 dEe�;reee 05 ininutos 32 seconds West,01%dlstanw of32.94 feat; TxMNNE,North.45 degrees 47 minutes,3I 0=nds West,oo>atliiIM&Mr and aoross said 91,548 nore lease s traot and tra.•val#ng p4tw y o Vtir and Am n oild LCRA 2,352,66 acro trstct and pattivay avpr rind not-o" said LOM 2d,8 acro Net,a dlstanoe of 1,112.50 feet 10 a onlaulated pohit ft,the wmter u w oorner 0� the heroin desaribed frwt t,said pokait•lrekng on to northwastarly line of said 91,548 car$least trao@ Baine b4kgtho rioltinvesterly 110 0 aid LORA 20,8 aft tt'aot; TWICE,(L2)North 25 degrees 24 miimtas$1 secands heat,with trap zti Awastarly lane of We!91.548 acre lease truot and ssoki LORA 20,8 we treat, a distanon or 105,68 feot to a oaloulated point for the ! northorrunost autziar o�l'ths herein described tract; i i 1 q Pogo 1 off 1 } ii I Austin Data, Ina, OR AD113682 TR 2014062486.009 I I �s' ti Lex lr t'VD" �• • lJne»x��.ry anca�t�.ax�alL'��'s�iND nvvlrks.DlrstutlnrlvlY yr suDsu{tFACIr TUNId$�, '4' 4VN11B1Y2'(240 AMN SITVAIVI)rN 2VR JU67 TRBAS'AAlbl W 170uptxx Sul2YJi'r NO: 64, IF,(% yO srDnr r, ,1�sarurvll IYtI. 46"1 Auvn_1rxtAh'r! -1�v31us-fiGn NO`litO�rRlYls OdvN4kj�ikRSds,-1tRRty -PorsaloN-an— — A CAM)) #J440 lao 4 RA,9Z 7RACT ,I,N x1,sLD h'ar,DY,MAM#AY;"xor A U04ORM PrWA AUrRaRlrr 1 (71 MOOItDDiD),ANA ALSO BRING A J ARTZ017 6P PlrAr OV'NrAriy C,r1 UP R,M,68'AOM MOT 01r 44VD ME0I$170 IN A j ,U,G1?A "LO"Ii COLORADO!ilY N A172'EO,�II.1'}i 4VOROL'11 11Y YOr, t�GA, PAV1" 12D ANDA PO1�7lPO•N 43' I"RAr CYdi2S!!N C,�L,GS'A i 2d.A c d D. I D g 0.79 Or WE D 8 kL' S COY my. }' ' lJ?d$lfll S+ ROOM 9I`M"NC�F RSVP fP rBr Ib w PtlUNO 1 f2"RAH RAU(UHLLr85 O1NEfl'M6."NOTER) nA 1* 41x1 mean AumomTY pi PourtO'4"A,S M17Y AU 11104 iNSO � umoor'. e 0 oRDorj aF Y q� i/�"IRCN R00 w}ni CRANaB 8umtro Car w gA�Ip1CASUAIo0,, b7Ataf£P"YIALACc"CROUP"8 1 ; Uf8T.07 120 DA—OT.- N==RN, 1141 Vl MAS i AIt4 h Ptl(Imo 0 Q tarrai°CflLD �FRWTT°ITWYtY OAS --� VOLUN Ah T6lT 517a��s 1 TRAYY� ra BAg �* eau F, � �O �� k att�Nrp QST ti 'figPROXIMATE LOQAt10T P iso _ 1 OP&UR4t;Y ilN TFr 71 WOW,E—348.74' Q tliUJ.By 91,54 1RAOY U " d h lJ�a 1 oro mm PV D� + R�iia,+r �1��0'b �FJT Gtll Al a Anprdw c n�a xAMK6 c F1,VLD.90TE t� WK101' pA JS AS CfiXS Y6 fit �Q�(?iZ+ 07 lnuMt maw AUn14RItY 1C 4 c�•5 1D"t9'b9"E � H�" va�T19 PAOG 12O Dls'G'MINGt �: r ��1} t Cd aRYYor, l( OA@ N, 1 421N17 r �'•';;,;t ; RID A1�0A.ilOf!qP V CIA 10 S.0$1,1I71r14 ?%i"S?��;•r�} �` 4uJ)A�,Cc1�m TO (y(+r {yr u r 9 t9'1A'Ab'C 1.4' Jt rrqq��,,tt�(1)U RIUd'i AUW11TY a,.. ai �pJ1lt£1110,PAGB 577 F1L'LD MMi}{�FHz; �lAlt4' T 0.>3r0.T, 7• rct:Ctl�rzll:,N�IN� �.,�� . IM127I CALLED?QA rl , 11KChVtRl�Mb pAzD,kOl,7tRo,Ia,V7aE R {NR ADn R1 Ft AU1NkTT( ( Uy1168,paOAECACt1#T2T$0 VOLUME UR1OQ ,Y, N pRfTY +v •� �� PRRTIC�1 AP "" OAILEn ?3' Col AgRE3 GmtEU 2"J5' U8,tAL W11fl(t gUMCCAl fil4ER AUTriU(iITY "`y�jjj La}t�R notaRMq�q'OR AUi�tG�'aTY VOLuus Iles.PAgR lzo o ,`nH-t1�tH i1ptl.PAUL 124 D.fLT,Q,>: ��,IlP7R8s b,fl.Y,67 f,) AU.PRMRTY CORN=MUND ARE WITIC,MCNUMp 4M, rtUus}r t b1RDC dN D1�IAHCR Z) wuty"TQ N4T'MD AL.t cftltfj Rt;9'Y3IGYKRIS,kA%gHags UT AN CUNDHI(AW`I RM MAN DC APALh'A6lE'. l2 rHE suRUEYDa o1a NOT AURWOT 1145 W0407 TRACY; n+ts DttaTeN01s XcgoMPAlryp i!Y A MCTM tr HomoS UZORIInjorl. ✓• t1NAlSQ i i Alii;ReW W WE TDA$$TATO PLANE 060519 NA1F t• 8 ro5'37'LV 52.11' ro SYM4(OFA MA4 ZQWs MOM VAIMI 19 01,M ON W1099 l9 N17316slw " Ck fgm TmkA;OPS 001`501)VE t`,URsS Rik Ntviop 1• 1jT e, QOOADWAFA ti31(YM PRd MD AWS 0157, '41 SylOYk1 AAGr�uUhFACF, f6 S ,24'D6'l 'The Wallace Group, final Aw 0111ahalm 1Ya11,MAO 14 ROOM IWI, TO=7E891 iibI' 2) 248-0005 �nglneers a ArohlteGts m Ndriners * surveyors T 31�E rrµ5 fto * Killeen * Dallas * Round RookDANI W I HEREBY STATE 'THAT TO 7141 KST OF W PR'OMSIONAL KNOwmG'F AND SFI,15F THA'i �•g',R�.'�„1;�F THIS PLAT AND 'f3•IE SURVEY UPON WHICH I'r IS SAM 1455TS 7H4 R"qUIRS�iu FAR 1,ANL7 $URVEYS IN THE STATE OF TEXAS, TF �_- DAY Or ...._�LIlQ suRvf-Ygpl 00'-20-201 a �•� 3 Or 3 Pi ANO, pEzAJ HY S- _ C � t. WALE W WORK ORDER•Np, .a.M&L I:M6l OOK/PQ: S-M TAD # A» t t 203 &L RIQH7W 'rM •VED p� IGILAL kk 9�1 ^SITE 8�`(UIJNFO. F/N # --mm- Austin Austin Data, Inc, GR AD113682 TR 2014062406,011 Form T1 Owner's Policy of Title Insurance(Rev.113/14) SCHEDULE B File No.:01247-22390 Policy No.: 0-5966-000040366 G. A25'temporary construction easement granted to the City of Cedar Park, Texas, by instrument recorded under Document Number 2002033467, of the Official Public Records of Travis County, Texas,to the extent that the same may affect TRACT 3. H. A waterline easement granted to the City of Cedar Park, Texas, as described by instrument recorded under Document Number 2004093798, of the Official Public Records of Travis County, Texas, to the extent that the same may affect the subject property. (ALLTRACTS) I. A waterline easement granted to the City of Cedar Park, Texas, as described by Instrument recorded under Document Number 2004093799, of the Official Public Records of Travis County,Texas, to the extent that the same may affect the subject property. (ALL TRACTS) J. A water line easement granted to the City of Cedar Park, as described by instrument recorded under Document Number 2010167800, of the Official Public Records of Travis County, Texas, to the extent that the same may affect the subject property. (TRACT 4) K. A raw water intake barge facility easement granted to the City of Leander, Texas, by instrument recorded under Document Number 2012002183, of the Official Public Records of Travis County, Texas. (TRACT 4) L. 20' passage and use easement and rights of the Lower Colorado River Authority to inundate and overflow any portion of the subject property lying below the 715' Mean Sea Level Contour Line and release of damages as set forth in instrument recorded in Document Number 2014062484, of the Official Public Records of Travis County, Texas, together with all terms, provisions and conditions of said instrument, (TRACT 1) M. All of the oil, gas and other minerals, the royalties, bonuses, rentals, and all other rights in connection with the same, all of which are expressly excepted herefrom and not insured hereunder, as the same are set forth in an instrument recorded under Document Number 2014062484, of the Official Public Records of Travis County,Texas. (TRACT 1) N. All terms, conditions, and provisions of that certain Recitals, filed February 13, 2002, of record under Document Number 2002028080, of the Official Public Records of Travis County,Texas, to the extent that the same may affect the subject property. (ALL TRACTS) O. Subsurface Easement filed May 1, 2014, of record under Document Number 20140624.86, of the Official Public Records of Travis County,Texas. T-1 Owner's Policy Sch B (Rev.1/3/14)GTB STEWART TITLE Page 2 of 2 GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal Information. Please read this notice carefully to understand how we use your personal Information.This privacy notice Is distributed on behalf of the Stewart Title Guaranty Company and Its title affiliates(the StewartTftie Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can Include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal Information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'personal Information;the reasons that we choose to share;and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes—to process your transactions and maintain your account.This may Include running the Yes No business and managing customer accounts,such as processing transactions,mailing,and auditing services,and responding to court orders and legal Investigations. For our marketing purposes—to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—Information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and Yes No non-financlal companies.Our affiliates may include companies with a Stewart name;financial companies,such as Stewart Title Company For our affiliates'everyday business purposes—Information No We don't share about your creditworthiness. For our affiliates to market to you—For your convenience, Yes Yes,send your first and last name,the emall Stewart has developed a means for you to opt out from its affiliates address used In your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by emall to optoutpstewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control.They can be financial and non-financial companies. I. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate,such as a third party Insurance company,we will disclose your personal Information to that non-affiliate, [We do not control their subsequent use of information,and suggest you refer to their privacy notices,] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal Information from unauthorized access and use,we personal Information? use security measures that comply with federal law. These measures Include computer,file,and building safeguards. Howdo the Stewart Title Companies collect my We collect your personal Information,for example,when you personal Information? ■ request insurance-related services ■ provide such Information to us We also collect your personal Information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, afflllates or other com antes. What sharing can I Ilmit? Although federal and state law give you the right to limit sharing(e.g„opt out) In certain Instances, we do not share your personal Information In those Instances. Contact us: If you have any questions about this privacy notice,please contact us at.Stewart Title Guaranty Company, 1980 Post Oak Blvd.,Privacy Officer, Houston,Texas 77056 File No.;01247-22390 Page 1 Revised 11-18.2013 ELECTRONICALLY RECORDED 2014062484 TRV 8 PGS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIDE ANY OR ALL OF THE FOLLOWING I INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. SPECIAL WARRANTY DEED LCRA to BCRUA;Sandy Creek Parti; 1.685 acres i STATE OF TEXAS § § COUNTY OF TRAVIS § DATE: �+ , 2014 1 i GRANTOR: Lower Colorado.River Authority, a conservation J and reclamation district of the State of Texas 'JGRANTOR'S MAILING ADDRESS: P.O. Box 220 Austin TX 78767-0220 GRANTEE: Brushy Creek Regional Utility Authority,Inc.,a domestic local government corporation of the State of Texas GRANTEE'S MAILING ADDRESS: 221 E. Main St. Round Rock,TX 78664 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY (including any improvements): A tract of land, consisting of 1.685 acres, more or less, out of the East Texas Railroad Company Survey No. 54,Travis County,Texas,more particularly described by metes and bounds and sketch in Exhibit "A," attached hereto and incorporated herein for all purposes. RESERVATIONS FROM AND EXCEPTIONS TO CON'VE'YANCE AND WARRANTY AND RESTRICTIVE COVENANTS: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions,reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect tke'PROPERTY; rights of adjoining owners in any walls and fences situated on a common boundary;'"any'disepancies, 1 . - conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; taxes for the current year, the payment of which GRANTEE assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which GRANTEE assumes, i GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the PROPERTY,but GRANTOR may extract oil, gas, or other minerals from and under the PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE'S use of the PROPERTY. For GRANTOR and GRANTOR's successors and assigns, a reservation of an easement strip twenty (20) feet in width, abutting the high water line of Lake Travis for the purpose of passage and use by the public for public sports and amusements. i For GRANTOR and GRANTOR's successors and assigns, a reservation of the right to vary the level, temperature, or quality of GRANTOR-managed rivers, tributaries, and lakes. GRANTOR specifically reserves the right and privilege to store and impound water on, flow water across, and inundate with water at any time and as many times as GRANTOR may see fit all or any part of the PROPERTY that is at or below the 715-foot msl elevation contour,without any compensation or liability to GRANTEE. GRANTOR shall not be liable,by reason of floods, flowage, soakage, seepage, erosion, or any other action of water, for any damages on any part of the PROPERTY which may be caused in whole or in part by the operation or maintenance of any E one or more of GRANTOR-managed dams, and the impounding of water thereby, or the failure to impound water thereby, or the releasing of impounded water. At no time other than initial construction, start-up, or during performance of routine or scheduled maintenance of a raw water pumping station shall GRANTEE allow or permit the sound pressure level of any operation or plant on the PROPERTY to exceed 65 decibels as measured at any given property line of the PROPERTY. All exterior lighting permanently installed on the PROPERTY shall be directed to the area where the light is needed, and shall be shielded from other areas including neighboring tracts and the sky. GRANTEE shall use no more than the minimum amount of lighting needed to accomplish the purpose for which it is installed. All exterior lighting shall be turned off when not needed, either manually or through use of motion or other sensors, During initial construction, start-up, and during ernergency repair activities, however, GRANTEE shall be permitted to utilize whatever lighting is reasonably necessary to effectuate construction or emergency repair of the facilities constructed within the PROPERTY. GRANTEE shall not construct or maintain any habitable structure or building on any part of the PROPERTY which lies below the 715-foot rnsl elevation contour without obtaining prior, written approval of GRANTOR, slid GRANTOR reserves the right to remove, damage or destroy (by action of water or otherwise) all non-approved structures without compensation, liability, or damages. Notwithstanding the foregoing, GRANTEE shall have the express right to construct a raw water pumping station and appurtenances thereto an the PROPERTY, including but not limited to a wet well and subsurface raw water transmission facilities situated in whole or I!8`�.4 CGIn r� 2 i record in my dace. cn efn+'C`VIT cy p Yy 1 in part below the 715-foot msl elevation contour, with GRANTOR having no liability ! whatsoever for damage to any such underground structures which may be caused in whole or in ! part by the operation or maintenance of any one or more of GRANTOR-managed dams, and the ! impounding of water thereby, or the failure to impound water thereby, or the releasing of i impounded water. I IT 1S EXPRESSLY UNDERSTOOD AND AGREED that if on or after December 31, ; 2030, the PROPERTY is not used or ceases to be used for the construction and operation of a raw water pumping station, GRANTOR shall have the right to reenter and assume ownership of the PROPERTY, it being the intent of GRANTOR to convey the right, title, and interest described on a condition subsequent. GRANTOR, for the CONSIDERATION and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to GRANTEE the ; PROPERTY, together with all and singular the rights and appurtenances thereto in any wise i belonging, to have and hold it to GRANTEE, GRANTEE's heirs, executors, administrators, successors, or assigns forever. GRANTOR binds GRANTOR and GRANTOR's successors and } assigns to warrant and forever defend all and singular the PROPERTY to GRANTEE and i GRANTEE'S heirs, executors, administrators, successors, and assigns against every person i whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under GRANTOR,but not otherwise. ' When the context requires, singular nouns and pronouns include the plural. l LOWER COLORADO RIVER AUTHORT`I'Y By: - redrick E. Crawfor Manager,Real Estate Services -.ra DPB--urnvoir,Counfy C?aPk,Tralvis County, I_.. ,C+D ii"i i:i]%C^''i i'•r 1.1?at this!s a M!3 and C�. `:c; s yam::appy:-;c:f tword in my aiu�. ny hand and&C 11 Of since on Cara Da� pr,(lott�ty1614 3 J By Dept-7. i i i 1 1 EXffil3YT-A" METES AND BOUNDS DESCRIMON OFA r. 1.685 AC1IE!TRACT OF LAND � S SITUATED IN THE EAST TEXAS RAILROAD COWANY SURVEY NO,$4, TRAVIS COUNTY,TEXAS BEING A 1.685 ACRE(73,385 SQUARE FOOT)TRACT OF LAND SITUATED IN THE EAST TEXAS RAILROAD COMPANY SURVEY NO, 54, 'TRAVIS COUNTY, TH AS; SAID 1,685 ACRE TRACT . BEING A PORTION OF THAT CERTAIN CALLED 93.548 ACRE LEASE TRACT DESCRIBED IN FIELD NOTES PRBPARED BY LOWER COLORADO RIVER AUTHORTrY(UNRECORDED);AND i ALSO BEING A PORTION OF THAT CERTAIN CALLED 2,352.66 ACRE TRACT OF LAND DESCRIBED IN A DEED TO LOWER COLORADO RIVER AUTHORITY (LCRA�AS RECORDED IN VOLUMB 1168, PAGE 120 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS (D.R.T.C.T.); SAID 1.685 ACRE TRACT BEING MORE PARTICULARLY AESCRTBED BY MUTES AND BOUNDS AS FOLLOWS: BEGINNING at a 1!2-inch iron rod with oranga plastic cap stamped"Wallace Group"(hereafter referred } to as"Wallace cap's set for the eastm=ost southeast comer of the herein described tract,same marking the I easternmost southeast corner of said 91.548 acre lease tract, and being on the westerly'rlght-of way } (XO.W.)fine of Lithe Creek Road(having a width of 60 feet at this location),and being located at Texas t Stage Plane Coordinate grid position N=10,141,879.6043 and E=3,061,278.0499; THENCE, departing the westerly R.O.W. lice of said Lime Creek Road, with the southerly line of said K 91.548 acre lease tract,over and across said LCRA 2,352.66 acre tract,the following three(3)courses and I distances: 1) (LI)South 62 dcgreas 01 mimttes 46 seconds West,a distance of 108.65 feet to a 1&inch iron rod ? with"Wallace cap"set for an angle point of the herein described tract; 2) (I.2)South 12 degrees 37 minutes 51 seconds West,a distance of 37.71 feet to a 1/2-inch iron rod ' with"WalIaee cap"set for an angle point of the herein described tract; j i 3) (L3) Sauth 27 degrees 58 minutes 14 seconds East,a distance of 32.37 feet to a 3-66 galvanized fence post for an angle point of the herein described tract,said point being on the northerly line of that certain called 2.73 acre tract of land described as a Right-Of-Way Easement to Cedar Park Water Supply Corporation,as recorded in Volume 4998,Pago 1247,D.R.T.C.T.; THENCE,(I 4) South 62 degrees 01 minutes 46 seconds West, with the common southerly lino of said 91.548 acro lease tract and the northerly line of said 2,73 acre tract;and continuing over and across said [ LCRA 2,352.66 acre tract,a distance of 39.38 feet to a out`X"in concrete set for the southernmost corner l of said 91.548 acre leaso tract and the herein described tract,same marking the northwest corner of said 2.73 acre tract; TI-IENCE,(L5)Worth 85 degrees 17 minutes 18 seconds West,with the southerly line of said 91.548 acre lease tract,and continuing over and across said LCRA 2,352.66 acre tract,a distance of 21.94 feet to a 1/2- inch /2-inch iron rod with"Wallace cap"set for the southwest comer of the herein described tract,and from which a 1/2-inch iron rod found and as called for in the field notes for said 91.548 acro lease tract bears North 85 degrees 17 minutes 13 seconds West,at a distance of 189.41 feet; i t Page 1 of 3 1, Df Da C. I!' it C01-19b, ;k,Tra:ds COulTyj, i Q N:i;c.on �a a Dana Dem u:oi,G u,�y C1e c s P 11 2014 { • � i Exhibit (continued) 1 Description of a 1.685 acre tract TIMCE,departing the southerly line of said 91.548 acre lease tract and continuing over and across said ' LCRA 2,352.66 acre tract and said 91.548 acre lease tract,the following two(2)courses and distances: I 1) North 16 degrees 54 minutes 28 seconds West,a distance of 45630 feet to a 112-inch iron rod with "Wallace cap"set for the northwest corner of the herein described tract; 2) North 73 degrees 05 minutes 32 seconds East,a distance of 194.05 feet to a 112-inch iron rod with 1 "Wallace cap"set for the northeast corner of the herein described tract and being on a non•taugent { curve to the left;said point also being on the common easterly Una of said 91.548 acre lease but � ! and the westerly R.O.W. line of said Lime Creek Road,and from which a Travis County aluminum disc found and as called for in the field notes for said 91.548 acre lease tract bears North 08 degrees 1 45 minutes 26 seconds East,at a chord distance of 389.74 feet; t THRICE,with the common easterly line of said 91.548 acre lease tract and the westerly R.O.W: line of said Lime Greek Road,and continuing over and across said LCRA 2,35266 acre tract,the following two i (2)courses and distances: . { 1) In a Southerly direction, 154.01 ;Feet along the are of said curve to the left, having a radius of 815,47 feet,a central angle of 10 degrees 49 minutes 15 seconds,and a chord bearing and distance of South 10 degrees 28 minutes 49 seconds Bast— 153.78 feet to a Travis County aluminum disc found and as called for in the field,notes for said 91.548 acre lease tract for a corner of the herein described tract, t 2) South 17 degrees 13 minutes 40 segonds Bast, a distance of 218,59 Ener to the POM OF BEGJNINEIZG and containing 1.685 acres(73,385 square feet)of land,more or less,based on the ` survey and drawing made by The Wallace Group,Inc.,Round Rock,Texas in July and August of 2013. Bearings are based on the Texas State Plane Coordinate System(Central gone,NAD83)which is based on Leica's Central Texas OPS Cooperative CORS RTK Network. Coordinates shown are grid and distances ' shown are surface. i A drawing of even survey date herewith accompanies this metes and bounds description. y I,Daniel M.Flaherty,Registered Professional Land Surveyor No. 5004,State of Texas,do hereby certify that this metes and bounds description and exhibit drawing A-4600 attached hereto was prepared from an actual survey of the property performed ori the ground and that the same is true and con cot, i I Lie]M. arty,R.P,LB.#5004 OF T The Wallace Group,Inc, Co.. One Chisholm Trail,Suite 130 �A►dl�!hL Ft.AHER1y Round Rock,Texas 78681 ""'.......... , 6004 ;��• Ph.(S 12)248-0065 p 4 22951-I:NO1.doo .SURV�� z Page 2 of 3 } C'. Ca:. ::1.�'�ij•.J�::I�:..'I•r.'� �'�';riT'old Irl rl G:.fce. SEP I12at4 I I EXHIBIT DRA771VC- To ACCOMPANY MR7'fJS AND ABOUNDS ABSCRIP27ON OF A � 1,685 ACRE TRACT OF UND SITUATED IN TEE EAST TEXAS pXMOAD COMPANY SU.12Vh'Y N0. 64, TRAVIS COUNTY, T.BXAS, AND BRING A POR77ON OP A CAL XD 91.648 ACRE LL'ASJI' TRACT AESCRIDE'D LK FIB'LD � NOTES PREPARED BY LOWER COLOILADO'RUVER AUT$ORITY (UNRECORDEA), AND ALSO ,B.$NO A PORTION OF TEAT CERTAIN CALLED 2,362,66 ACRE TRACT OF LAND DESCRIBED IN A DRED 7O LOTOR COLOAM RMB I AUTHOrJ TY, RBCORDRD IN VOLUME i t 66, PAGE 120 OF TER DEED JWCOADS OF TRAVIS COUNTY, TEXAS j I LBG.SND !�s •- FOUND 1/2'IRON ROD (UNLESS OTHERWISE NOTED) f h ®_ FOUND TRAVIS COUNTY ALUMINUM DISC + 1 O 1/2'IRON ROD 19TH ORANGE PLASTIC CAP 1 STAMPED"WALWE OROUP" SET(UNLESS I OTHF.RVMSE NOTED) DA.T.C.T.;-DEED RECORDS. TRAVIS COUNTY, MAS f APPROMATE LOCATION or SURVEY LINE gpi�' 0 6 j N 0645'28'E-388.74 � I a B13.47' ��• µ��ro6 Ir-154.01' � C- 1sa.7s CB= S 1OW49' E OALLED 2.3Z2.66 ACMa CAU.FD 61.544 ACRE LEASE TRACT j OES RIBED IN FIELD NOTES PQ°ARED LOWER COLORADO RIVER 1 R hUTH Oft1TY BY LOYn C"A0 RNER AUTHORTY VOLUME 1188, PACE 5 p (UNRECORDED) ° T BE1 0 A PORTION OF CALLED 2,352,68 ACRES TO SLL LOHF]i COLORADO RIVER AUTHORITY VOLUME 1168, PAGE 120: I C.T• 5 S 1713'40'E- 218.59' AND A P01111014 OF CALLED 20.8 ACRES TO LOWER COLORADO RIVER AUTHORITY FjEI,D 1P0re VOLUME 1T10, PACE 377 J'�01Nx QF' D,R.T.C.T, Bg7GtNNJ,NG ry GRID 1s -3.061.27"" I _ ai Ly. N O5Y7' vA 3*POST� CAUOF ED 2.352•!6 ACRES 1a 1Y IONHR COLORADO RIVER AUTHORITY 1 CALLED 2,352,88 ACR'cS 189,41' / VOUAJE 1168,PACE 120 �. ,ry S, LOWER COLORADO RIVM AUTHORITY LS /' D.R.T.C.L VOLUME 1168, PACE T2D c`v p.R.7.C.T. CUT"IC'SE 1 ai BFIERAI.NOTES ? 1.) ALL PROPERTY CORNERS FCURO ARE CONTROL MOMJb1EN79 NUMBEROptECTIOei DISTANCE c' 2.) SUBJECT TO ANY AND ALL COVcNANTS, RESTRICT10.49, EP.5Fy1LP715 �ql LT S 62'0146'W 1 65' AND CONWONS THAT MAY BE APPLICABLE. q0 2 L2 S 12"57'31'W 37.71' j 3.) 711E 5URVEYDR Ota NOT hBSTRAC7 THE Sti18JECT TRACT. 8 L3 5 27'58'14'E 3237' t 44 IH;5 UKAMNG IS ACMV0411ED BY A MMS&BOUNDS DESCRI?TIOH. ay y L4 6 1'45' 39.3W SJ BkARYIGS ARK BASED ON THE TEXAS SFA7E PLAKE COOONAIE t i a ,i L5 N 8517'18'Yt 21.9k CUT"SYMf(COM C PONE,HAD0PERAI CURMICR is BASED O IkTCA S 2, �� lb S 87 4!Se S J CENTRAS.TD:AS CDS C08PERA17VE CURS RM NETWORK. ✓ L7 74•'03'27"E 59.88' I 5) 000RO91AIE5 SHOVIN ARE 9RID AND D;STANM SHOR11 ARE SURFACE i ¢ w The Wallace Group, Ing One CI%hclrn lftll, Su?Ln 130, Round Rack, T©X00 78887 (612) 248.-0065 � .T Engineers ■ Architects a Planners x Surveyors 0Prp�sc�,q��,yN ! 18PE F-54 Waco * Killeen * Dolias * Round Rack �'=.� � ° ............. DANIEL.M.FLAHERTY I HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BEIJEF THAT EpOq � $ THIS PLAT AND THE SURVEY UPON WHICH IT 19 BASED MEETS THE REQUIREMENTS FOR LAND y�,�P O� SURVEYS 1N THE STATE OF TEXAS, THIS THE . _ DAY OF �Ui�l)ST ; 2013 Sul SURVEYED: 06•-25--2013 L A EL FA2TY R LS 0 3 OF 3 S 0 PLAT NO, _ 4800 DR DATE 08-06-2013 DRAWN BY TA_ 3 tt SCALE WORK ORDER N0. _2051 F1ELD80OK/PG. 17a/23 TAB , A 4600 S 0 2D13 ALL RIO TS RESERVED DIGITAL FILE 22951R-SITE s PARCELS F/N # 22951- 01 u7 �.cl:;"'s-cyil� L-rrco!'uiiimJGi1cE'. Ir.Y a+;:d c.,c3 ew'01 cs x on r � Dana C k I,%gym-DpBa uvojr,Co3� Clcr;c, T�v n'Y TralXs Cant}; ssar, aPF (If Word inmycrr�ce. FILED AND RECORDED mY r nd ar:d s a!of a Fl, cn c r of rR OFFICIAL PUBLIC RECORDS DCo q: FLIM-%L.fi'-�'' :;t,✓r,�,lFt.\ Dara BE-auvoir,County Cleit / ` w By Dapdy. SEP 1 1 2014 DANA DEBEAUVOIR, COUNTY CLERK P TRAVIS COUNTY,TEXAS 9Te of Iy Ma 01 2014 02:24 PM FEE: $ 54.00 2014062484 c