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R-2024-317 - 11/21/2024 RESOLUTION NO. R-2024-317 WHEREAS, the City of Round Rock ("City") and KR CC, Inc. ("Tenant") entered into that certain Ground Lease Agreement, dated as of December 20, 2016 (the "Lease,") pursuant to which the City will lease to Tenant, and Tenant will lease from the City, for the Term(as such term is defined in the Lease)the real property described in said Lease; and WHEREAS, the City and Tenant entered into that certain Memorandum of Lease and Option, (the "Memorandum") dated as of December 20, 2016, to provide constructive notice of Tenant's right under the Lease Agreement to all third parties; and WHEREAS, the City and Tenant desire to amend the Memorandum to amend the definition of the"Leased Premises,"and to add the definition of"Excluded Parcel,"Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a First Amendment to the Memorandum of Lease and Option, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes; and The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 21st day of November, 2024. CRAIGORG , Mayor City of Round k, Texas ATTEST: ANN FRANKLIN,City Clerk 0112.20242;4864-5323-3145 EXHIBIT "All FIRST AMENDMENT TO THE MEMORANDUM OF LEASE AND OPTION This FIRST AMENDMENT TO MEMORANDUM OF LEASE AND OPTION (this "First Amendment,") dated as of the day of , 2024 is entered into between CITY OF ROUND ROCK,TEXAS, a Texas home rule municipality (the"City,") and KR CC, INC.,a Delaware corporation("Tenant.") RECITALS A. The City and Tenant entered into that certain Ground Lease Agreement, dated as of December 20,2016 (the "Lease,")Pursuant to which the City will lease to Tenant, and Tenant will lease from the City,for the Term(as such term is defined in the Lease)the real property described in said Lease. B. The City and Tenant entered into that certain Memorandum of Lease and Option, (the "Memorandum")dated as of December 20,2016, to provide constructive notice of Tenant's right under the Lease Agreement to all third parties.The Memorandum is recorded in the deed records of Williamson County,Texas under document number 2017001677. C. The City and Tenant desire to execute this First Amendment to amend the definition of the "Leased Premises,"and to add the definition of"Excluded Parcel"in the Memorandum. NOW THEREFORE,for good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the parties agree as follows: 1. The definition of"Leased Premises" is hereby amended to read as follows: "Leased Premises"shall mean that portion of the Property as identified on Exhibit A(excluding the Fee Estate and the Excluded Parcel),together with(a)all air rights and air space above the Property;(b)all mineral and water rights;and(c)all of City's right,title and interest, if any, in and to all rights,privileges and easements appurtenant to the Property now existing or created during the Term of this Agreement;provided however,(i)the Convention Center,as defined in the Master Development Agreement and/or the Economic Development Program Agreement, and (ii) any and all public streets, rights of way, and utility easements dedicated to the City during the platting and development process, shall not be included in the Leased Premises. 2. The definition of"Excluded Parcel" is hereby added to read as follows: "Excluded Parcel"means the 30-acre portion of the 156.769 acre portion of the original Leased Premises as described on Exhibit B. 3. Ratification. Except as amended hereby,the Memorandum is hereby ratified. First Amendment to Memorandum of Lease;draft; 10.09.24 4885-3589-0670 v.1(002) IN WITNESS WHEREOF,the City and Tenant have entered into this First Amendment to the Memorandum of Lease and Option as of the day and year first above written. CITY OF ROUND ROCK,TEXAS By: Craig Morgan,Mayor KR CC,INC,a Delaware corporation By.• 7^� 1� ` Todd Nelson,President i 2 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the day of , 202_, by Craig Morgan,as Mayor of the CITY OF ROUND ROCK,TEXAS,a home rule city and municipal corporation. Notary Public State of Texas My commission expires: ACKNOWLEDGMENT I STATE OF WISCONSIN COUNTY OF SAUK T This instrument was acknowledged before me on the d day of Oe 202-4, by Todd Nelson, President of CR CC,INC.,a Delaware corporation. Notary ublic StateofTemmv- tl�;SeonS�n / My commission % 5 e��Cf✓� �H dUNpRG NOT —.— * PUBLIC ;°* 9�. DWI` 3 350.237 ACRES FN. NO. 16-341(MJR) LAND SEPTEMBER 13, 2016 DESCRIPTIONS• FILE NO. 222010482 DESCRIPTION OF A 350.237 ACRE TRACT OF LAND OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO 297 SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS BEING A PORTION OF THE REMAINDER OF THAT CERTAIN 157.385 ACRE TRACT OF LAND CONVEYED TO BISON TRACT 79, LTD. BY DEED OF RECORD IN DOCUMENT NO. 2007049657 OF THE OFFICIAL PUBLIC RECORDS OI' WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 60.58 ACRE TRACT OF LAND CONVEYED TO ERNEST NELSON JOHNSON, JOHN DAVID JOHNSON AND BERTHA MARIE JOHNSON KELLER BY DEED OF RECORD IN DOCUMENT NO. 2003035323 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING ALL OF LOT 9 OF THE SWENSON SUBDIVISION, OF RECORD IN VOLUME 13, PAGE 119 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; ALL OF THAT CERTAIN 155.589 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND MARK 'MEREDITH BY DEED OF RECORD IN DOCUMENT NO. 2006113854 OF SAID OFFICIAL PUBLIC RECORDS, SAME BEING CONVEYED TO GREGORY CARTER BY DEED OF RECORD IN DOCUMENT NO. 2010072268 OF SAID OFFICIAL PUBLIC RECORDS; SAID 350.237 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED IN FOUR PARTS BY METES AND BOUNDS AS FOLLOWS: PART 1 - 335.795 ACRES BEGINNING, at a 5/8-inch iron rod found in the southerly right-of- way line of the Union Pacific Railroad (100' R.O.W. ) being the northeasterly corner of said 157.385-acre tract, also being the northwesterly corner of said 155.589-acre tract; THENCE, N6303712811E, leaving the northeasterly corner of said 157.385 acre tract, along the southerly right-of-way line of the Union Pacific Railroad, for a portion of the northerly line hereof, a distance of 2864.50 feet to a 1/2-inch iron rod with "Baker Aicklen cap found at the northwesterly corner of Lot 1, Block A of Final Plat of Brushy Creek Regional Wastewater Treatment Plant, a subdivision of record in Document No. 2007067173 of said Official Public Records, being the northeasterly corner of said 155.589 acre tract and hereof; THENCE, leaving the southerly right-of-way line of the Union Pacific Railroad, along the common line of said Lot 1 and said 155.589-acre tract, for the easterly line hereof, the following six (6) courses and distances: 1) S2601210011E, a distance of 49.99 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) N6304110611E, a distance of 81.63 feet to a 1/2-inch iron rod with illegible cap found; EXHIBIT A FN. NO. 16-341 (MJR) SEPTEMBER 13, 2016 PAGE 2 OF 10 3) S03°33152"E, a distance of 1695.07 feet to a 1/2-inch iron rod with "LCRA" cap found; 4) N58°53153"E, a distance of 362.51 feet to a 1/2-inch iron rod with "LCRA" cap found; 5) N58035113"E, a distance of 245.00 feet to a 1/2-inch iron rod with "LORA" cap found; 6) S02028132"E, passing at a distance of 387.44 feet, a 1/2-inch iron rod with "SURVCON INC' cap found, and continuing for a total distance of 463.04 feet to a point in the center of -Brushy Creek, being in the northerly line of Lot 59, Block F of Final Plat of Freeman Park Subdivision Phase I, of record in Document No. 2015010846 0£ said Official Public Records, also being the most southerly southwesterly corner of said Lot 1, for the southeasterly corner hereof; THENCE, leaving the most southerly southwesterly corner of said Lot 1, along or near the center of Brushy Creek( with the northerly line of said Lot 59; the northerly line of Lot 26, Block B of Lake Forest III, Village III. Revised, a subdivision of record in Document No. 2004095851 of said Official Public Records; the northerly line of Lot 43, Block E of Final Plat of Sonoma Section 9, a subdivision of record in Document No. 2004021881 of said Official Public Records; and the northerly line of Lot 46, Block F of Final Plat of Sonoma Section 11, a subdivision of record in Document No. 2005000171 of said Official Public Records for a portion of the southerly line hereof, the following twenty-three (23) courses and distances: 1) S71°58'01"W, a distance of 59.92 feet to an angle point; 2) S66°40'11"W, a distance of 90.58 feet to an angle point; 3) S4903212511W, a distance of 78.88 feet to an angle point; 4) S40047139"W, a distance of 82.04 feet to an angle point; 5) S23°37120"W, a distance of 81.79 feet to an angle point; 6) S2805210411W, a distance of 110.18 feet to an angle point; 7) S36012152"W, a distance of 282.02 feet to an angle point; 8) S3800312411W, a distance of 84.64 feet to an angle point; . 9) S47°37112"W, a distance of 329.19 feet to an angle point; 10) S15°41'16"E, a distance of 184.53 feet to an angle point; 3.1) S0702713911E, a distance of. 150.82 feet to an angle point; FN. NO. 16-341(MJR) SEPTEMBER 13, 2016 PAGE 3 OF 10 12) ' S03049127"W, a distance of 142.77 feet to an angle point; 13) S21018'06"W, a distance of 94.11 feet to an angle point; 14) S44012101"W, a distance of 165.58 feet to an angle point; 15) S69051149"W, a distance of 215.14 feet to an angle point; 16) S45°25149"W, a distance of 111.25 feet to an angle point; 17) S2602913611W, a distance of 94.25 feet to an angle point; 18) S3104810011W, a distance of 125.62 feet to an angle point; 19) S5105812011W, a distance of 230.16 feet to an angle point; 20.) S61°55126"W, a distance of 477.59 feet to an angle point; 21) S54°23153"W, a distance of 144.42 feet to an angle point; 22) S40028156"W, a distance of 383.47 feet to an angle point; 23) S42°15133"W, a distance of 108.54 feet to the southeasterly corner of said 60.58-acre tract, for an angle point hereof; THENCE, leaving the westerly line of said 155.589-acre tract, along or near the center of Brushy Creek, with the northerly line of Lot 46 of said Sonoma Section 11 and the northerly line of Lot 46, Block F of Final Plat of Sonoma Section 12, a subdivision of record in Document No. 2005000358 of said Official Public Records for a portion of the southerly line hereof, the following five (5) courses -and distances: 1) S42°15133"W, a distance of 148.42 feet to an angle point; 2) S8005111111W, a distance of 301.01 feet to an angle point; 3) S83008153"W, a distance of 200.01 feet to an angle point; 4) S6703210411W, a distance of 132.76 feet to an angle point; 5) S62°26147"W, a distance of 141.77 feet to the southeasterly corner of said 157.385-acre tract-, being the southwesterly corner of said 60.58-acre tract, for an angle point hereof; THENCE, leaving the southwesterly corner of said 60.58-acre tract, along the approximate center of Brushy Creek, with the northerly line of said Lot 46 and in part along the northerly line of that certain 1.764-acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2013056475 of said Official Public Records, for the southerly line hereof, the following four (4) courses and distances: FN. NO. 16-341 (MJR) SEPTEMBER 13, 2016 PAGE 4 OF 10 1) S7001010911W, a distance of 138.30 feet to an angle point; 2) S58052142"W, a distance of 700.00 feet to an angle point; 3) S6705214211W, a distance of 240.00 feet to an angle point; 4) S5300414211W, a distance of 132.01 feet to a point in the easterly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) for the southwesterly corner hereof; THENCE, leaving the approximate center of Brushy Creek and the northerly line of said 1.764-acre tract, along the easterly right- of-way line of Kenney Fort Boulevard, for a portion of the westerly line hereof, the following nine (9) courses and distances: 1) NO302711411W, passing at a distance of 100.00 feet, a 1/2-inch iron rod with "BURY" cap set for reference, and continuing for a total distance of 492.81 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) N85°58117"E, a distance of 58.16 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 3) NO3°26115"W, a distance of 243.69 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 4) N19°101441'W, a distance of 376.64 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 5) N26022135116d, a distance of 1454.98 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 6) N22047126"W, a distance of 160.27 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 7) N2602313411W, a distance of 114.86 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 8) N23012113"W, a distance of 254.74 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 9) NO201812911W, a distance of 323.01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the intersection of the easterly right-of-way line of Kenney Fort Boulevard and the southerly right-of-way line of the Union Pacific Railroad, being in the northerly line of said 157.385-acre tract, for the northwesterly corner hereof; FN. N0, 16-341 (MJR) SEPTEMBER 13, 2016 PAGE 5 OF 10 THENCE, N63036'45"E, leaving the easterly right-of-way line of Kenney Fort Boulevard, along the southerly right-of-way line of the Union Pacific Railroad, being the northerly line of said 157.385- acre tract for the northerly line hereof, a distance of 2121.63 feet to the POINT OF BEGINNING, containing an area of 338.795 acres (14,627,230 square feet) of land, more or less, SAVE AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND: LOT 1", OF THE BERTIL TELANDER SUBDIVISION, OF RECORD IN CABINET H, SLIDE 126 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, at a 5/8-inch iron rod found in the southerly right-of- way line of the Union Pacific Railroad (].00' R.O.W. ) being the northwesterly corner_ of said 176.78-acre tract of land and also being the northeasterly corner of said 157.385-acre tract; THENCE, S0201012911E, leaving the southerly right-of-way line of the Union Pacific Railroad, along the common line of said 157.385-acre tract and said 176.78-acre tract, a distance of 305.90 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found for an angle point in said common line; THENCE, S84058111"W, leaving the westerly line of said 176.78-acre tract, over and across said 157.385-acre tract, a distance of 31.42 feet to a 1/2-inch iron rod found for the POINT OF BEGINNING, being the northeasterly corner of said Lot 1 and hereof; THENCE, along the exterior lines of said Lot 1, the following four (4) courses and distances: 1) S0200415011E, a distance of 255.76 feet to a 1/2-inch iron rod found for the southeasterly corner hereof; . 2) S8705810011W, a distance of 255.61 feet to a 1/2-inch iron rod found for the southwesterly corner hereof; 3) NO200214811W, a distance of 255.58 feet to a 1/2-inch iron rod found for the northwesterly corner hereof; 4) N87°55135"E, a distance of 255.46 feet to the POINT OF BEGINNING, containing an area of 1.500 acres (65, 334 square feet) of land. ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING TRACT OF LAND: THAT CERTAIN 1.50 ACRE TRACT OF LAND CONVEYED TO KEITH KRIENKE AND LAURA RINEHART KRIENKE BY DEED OF RECORD IN DOCUMENT NO. 2006074399 OF SAID OFFICIAL PUBLIC RECORDS, TEXAS; SAID 1.50 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY .METES AND BOUNDS AS FOLLOWS: FN. NO. 16-341(MJR) SEPTEMBER 13, 2016 PAGE 6 OF 10 CObiaMENCING, a 1/2-inch iron rod with "Baker Aicklen" cap found in the southerly right-of-way line of the Union Pacific Railroad for the northwesterly corner of Lot 1, Block A of said Final Plat of Brushy Creek Regional Wastewater Treatment Plant of record, being the northeasterly corner of said 155.589-acre tract; THENCE, S2601210011E, leaving the southerly right-of-way line of the Union Pacific Railroad, along the common line of said 155.589-acre tract and said Lot 1, a distance of 49.99 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; THENCE, S03034149"E, leaving the westerly line of said Lot 1, over and across said 155.589-acre tract, a distance of 291.32 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the POINT OF BEGINNING, being the northeasterly corner of said 1.50-acre tract and hereof; THENCE, along the exterior lines of said 1.50-acre tract for the exterior lines hereof, the following four (4) courses and distances: 1) S0303414911E, a distance of 298.62 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the southeasterly corner hereof; 2) S74°24'52"W, a distance of 244.97 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the southwesterly corner hereof; 3) N06037152"E, a distance of 340.30 feet to a 1/2-inch iron rod with "Stan Coalter" cap found for the northwesterly corner hereof; 4) N81'441 3411E, a distance of 179.89 feet to the POINT OF BEGINNING, containing an area of 1.500 acres (65,357 square feet) of land, leaving a TOTAL NET AREA OF 335.795 ACRES (15,256,308 square feet) of land, more or less, within these metes and bounds. PART 2 - 0.037 ACMES BEGINNING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157.385--acre tract and that certain 107.17-acre tract of land conveyed to John Bolt Harris, Et. Al. by deed of record in volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; FN. NO. 16-341(MJR) SEPTEMBER 13, 2016 PAGE 7 OF 10 THENCE, S28042141"E, leaving the easterly line of said 107.17-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the northerly line hereof, a distance of 59.01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found for the northerly corner of that certain 0.158-acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the northeasterly corner hereof; THENCE, leaving 'the westerly right-of-way line of Kenney Fort Boulevard, with the northerly line of said 0.158-acre tract for the easterly and southerly lines hereof, the following two (2) courses and distances: 1) S1702613111W, a distance of 55.47 feet to a 1/2-inch iron rod with "SAM" cap found for the southeasterly corner hereof; 2) S63°37108"W, a distance of 8.52 feet to a 1/2-inch iron rod with "BURY" cap set in the common line of said 107.17-acre tract and said 157 .385-acre tract for the southwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent northwesterly corner of said 0.158-acre tract as found bears, N76°15130"E, a distance of 0.67 feet; THENCE, NO200914411W, leaving the northerly line of said 0.158-acre tract, along the common line of said 107.17-acre tract and said 157.385-acre tract for the westerly line hereof, a distance of 108.54 feet to the POINT OF BEGINNING, containing an area of 0.037 acres (1, 602 square feet) of land, more or less, within these metes and bounds. PARI' 3 - 4.609 ACRES COMMENCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort- Boulevard (R.O.W. Varies) , being in the common line of said 157.385-acre tract and that certain 107.17-acre tract of land conveyed to John Bolt Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner_ hereof; THENCE, S0200914411E, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the common line of said 107.17 acre tract and said 157.385 acre tract, a distance of 196.31 feet to a 1/2-inch iron rod with "BURY" cap set in the southerly line of that certain 0.158 acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the POINT OF BEGINNING, being the northwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent southwesterly corner of said 0.158 acre tract as found bears, N6300211411E, a distance of 0.70 feet; i FN. NO. 16-341(MJR) SEPTEMBER 13, 2016 PAGE 8 OF 10 THENCE, leaving the easterly line of said 107.17-acre tract, with the southerly line of said 0.158-acre tract for the northerly line hereof, the following two (2) courses and distances: 1) N6303315111E, a distance of 47.01 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 2) S71°12155"E, a distance of 56.50 feet to a 1/27inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard, being the southeasterly corner of said 0.158-acre tract, for the northeasterly corner hereof; THENCE, S26022111"E, leaving the southeasterly corner of said 0.158-acre tract, over and across said 157.385-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the easterly line hereof, -a distance of 695.06 feet to a 1/2-inch iron rod found for the. northeasterly corner of that certain 0.864-acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the southeasterly corner hereof; THENCE, leaving the westerly right-of-way line of Kenney Fort Boulevard, with the northerly line of said 0.864-acre tract for the southerly line hereof, the following two (2) courses and distances: 1) S1803611311W, a distance of 56.47 feet to a 1/2-inch iron rod found; 2) S63°36113"W, a distance of 395.45 feet to a 1/2-inch iron rod. with "BURY" cap set in the common line of said 107.17-acre tract and said 157.385-acre tract for the southwesterly corner hereof from which, a 1/2-inch iron rod found for the apparent northwesterly corner of said 0.864-acre tract as found bears, N58°21123"E, a distance of 1.69 feet; THENCE, NO2009144"W, leaving the northerly line of said 0.864-acre tract, along the common line of said 107.17-acre tract and said 157.385-acre tract for the westerly line hereof, a distance of 849.94 feet to the POINT -OF BEGINNING, containing an area of 4.609 acres (200,777 square feet) of land, more or less, within these . metes and bounds. PART 4 - 9.796 ACRES COLwENCING, at a 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard (R.O.W. Varies) , being in the common line of said 157.385-acre tract and that certain 107.17-acre tract of land conveyed .to John Bolt Harris, Et. Al. by deed of record in Volume 2372, Page 112 of said Official Public Records and to The Hickox Family Living Trust by deed of record in Document No. 2006053683 of said Official Public Records, for the northwesterly corner hereof; FN. NO. 16-341 (MJR) SEPTEMBER 13, 2016 PAGE 9 OF 10 THENCE, S02009144"E, leaving the westerly right-of-way line of Kenney Fort Boulevard, along the common line of said 107.17 acre tract and said 157.385 acre tract, a distance of 1133.82 feet to a 1/2-inch iron rod with "BURY" cap set in the southerly line of that certain 0.864 acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2011041098 of said Official Public Records for the POINT OF BEGINNING, being the northwesterly corner hereof from which, a 1/2-inch iron rod with "SAM" cap found for the apparent southwesterly corner of said 0.864 acre tract as found bears, N6205211911E, a distance of 1.77 feet; THENCE, leaving the easterly line of said 107. 17-acre tract, with the southerly line of said 0.864-acre tract for the northerly line hereof, the following two (2) courses and distances: 1) N6303615711E, a distance of 431.40 feet to a 1/2-inch iron rod found; 2) S71027138"E, a distance of 56.40 feet to a- 1/2-inch iron rod with "Baker Aicklen" cap found in the westerly right-of-way line of Kenney Fort Boulevard, being the southeasterly corner of said 0.864-acre tract, for the northeasterly corner hereof; THENCE, leaving the southeasterly corner of said 0.864-acre tract, along the westerly right-of-way line of Kenney Fort Boulevard for the easterly line hereof, the following four (4) courses and distances: 1) S26022109"E, a distance of 250.82 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the point of curvature of a non-tangent curve to the right; 2) Along said non-tangent curve to the right, having a radius of 1441.72 feet, a central angle of 12°09139", an arc length of 306.00 feet, and a chord which bears, S21°15108"E, a distance of 305.42 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found at the end of said curve; 3) S00°08116"E, a distance of 360.25 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found; 4) S16010146"W, a distance of 165.87 feet to a 1/2-inch iron rod with "SAM" cap found for the most northerly northeasterly corner of that certain 12.1-acre tract of land conveyed to the City of Round Rock by deed of record in Document No. 2013049009 of said Official Public Records for the southeasterly corner hereof; FN. NO. 16-341 (MJR) SEPTEMBER 13, 2016 PAGE 10 OF 10 THENCE, S88041'51"W, leaving the westerly right-of-way line of . Kenney Fort Boulevard, along the northerly line of said 12.1-acre tract for the southerly line hereof, a distance of 267.19 feet to a 1/2-inch iron rod with "Baker Aicklen" cap found in the easterly line of that certain 4.42-acre tract of land conveyed to Thomas P. Elrod Et. Ux. By deed of record in Document No. 1813, Page 540 of said Official Public Records, being the westerly line of said 157.385-acre tract, also being the most northerly northwesterly corner of said 12.1-acre tract for -the southwesterly corner hereof; THENCE, N01023135"W, leaving the northerly line of said 12.1-acre tract, along the common line of said 157.385-acre tract .and said 4.42-acre tract for a portion of the westerly line hereof, a distance of 498.34 feet to a 1/2-inch iron rod found for the northeasterly corner of said 4.42-acre tract; THENCE, S89°11133"W, along the irregular westerly line of said 157 .385-acre tract and the northerly line of said 4.42-acre tract, passing at a distance of 319.72 feet, a 1/2-inch iron rod found for the northwesterly corner of said 4.42-acre tract, and continuing for a total distance of. 323.61 feet to a 1/2-inch iron rod found in the common line of said 157.385-acre tract and said 107.17-acre tract for the southwesterly corner hereof; THENCE, NO2°09144"W, along the common line of said 157.385-acre tract and said 107.17-acre tract for a portion of the westerly line hereof, a distance of 367.85 feet to the POINT OF BEGINNING, containing an area of 9.796 acres (426,728 square feet) of land, more or less, within these metes and bounds. BEARING BASIS: THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83(96) , UTILIZING WESTERN DATA SYSTEMS CONTINUALLY OPERATING REFERENCE STATION (CORS) NETWORK. I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. oil: v! l� STANTEC CONSULTING J O OSKI DATE SERVICES INC. 4998 221 WEST SIXTH STREET AS SUITE 600 TBPLS # F-10194230 GOF,r�r ohn.bilnoski@stantec.com C') �31rEq' iS* AUSTIN, TEXAS 78701 � ,� Fp•., JOHN T.SILNOSKI �' tT ti. r, P.O.B. P.O.C. 2ND SAVE & 0 400 800 1200 1600 2ND SAVE & EXCEPT TRACT EXCEPT TRACT 0 Q 2ND S&E TRACT ti > 1,600 ACRES m KEITH KRIENKE,9PARK M£REDl1H ¢ = r < DOCUMENT NO. 2006113854 GREGORY STEPHEN CARTER -3 DOCUMENT N0. 2010072268 l` z a° TOTAL AREA 350,237 ACRES w (15,256,324 SQ. FT.) P.O.B. PART 1 PART 1 P.O.B. 335.795 P.O.C. 1ST SAVE & ACRES 1ST SAVE & EXCEPT roti F� 6 EXCEPT TRACT �p9F`s� TRACT fiq�hp✓oF�so c�'Es - F✓o'yNso�° boC�,I,so•y 146, 0 1ST S&E a TRACT po U Po' rs� ��° q s pr9 NT qcr .9 SU S W 1 1.500 'Vo y,9�q �`gD7y Nso ACRES 0.854 ACRES ?°O)Ass��s iOc r9'}Ny CITY OF ROUND ROCK _ DOCUMENT NO. KENNEY FORT 100' 2011041098 RIGHT-OF WAY BOULEVARD — – UNION PACIFIC RAILROAD PART 2 PART 3 (R.O,W, VARIES) � RAI — 0.037 4.609 PART 4 ACRES ACRES 9.796 LEGEND ACRES P.O.B. POINT OF BEGINNING P.O.B. P,O,C. POINT OF COMMENCEMENT PART 2 :, s&E SAVE AND P.O.C./ EXCEPT PARTS 3 P.O.B. AND 4 PART 3 P.O.B. 4.42 ACRES 0.158 ACRES PART 4 THOMAS P ELROD AND CITY OF ROUND ROCK 107.17 ACRES SPOUSE, DOCUMENT K THE HICKOX FAMILY LIVING TRUST, ET, AL. CHRISTEL ELROD 2011041098 DOCUMENT NO, 2006053683 VOLUME 181.7 VOLUME 2372, PAGE 112 PAGE 540 - SKETCH TO ACCOMPANY DESCRIPTION Sten �/" OF 360.237 ACRES OF LAND OUT OF THE P.A.HOLDER SURVEY, ABSTRACT KR G�.r No. 294, SITUATED IN THE CITY OF ROUND ROCK,1NLLIAMSON COUNTY,TEXAS BEING A PORTION OF THAT CERTAIN 157.305 ACRE TRACT OF LAND OF ACQUISITIONS, 221 West Sixth Street,Suite 6W RECORD IN DOCUMENT NO. 2007049657 AND ALL OF THOSE CERTAIN TRACIS Auslh Texas 75701 OF LAND OF RECORD IN DOCUMENT NO. 2003035323, 2006113654 AND LLCTcl.(512)329UOtt Fax(St1)3200325 2010072268, ALL OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TBPE fl)3214 TBPLS M F-I01912a0 TEXAS- ALSO BEING ALL OF LOT 9 OF THE S.M. SRENSON SUBDIVISION, OF RECORD IN BOOK 13,PAGE 119 OF THE DEED RECORDS OF W4WAMSON Copyright 02016 COUNTY,TEXAS. DATE:917/2016 DRAWN BY:KWA FN: 16.341(MJR) FILE:V:12220\ACTIVE\SURVEY\222010402EX2.DWG PROJECT No. 222010402 V:\2220\active\222010482\aurvoy\222010482EX2.dwg Sep 22, 16 2:39 Phi by. mroobo Page 1 of 3 Exhibit" is Proj. No.CORR-006.3 30.00 Acres October 8,2024 P.A. Holder Survey,Abstract No.29 Joseph Marshall Survey,Abstract No.409 Willaimson County,Texas DESCRIPTION DESCRIPTION OF A 30.00 ACRE TRACT OF LAND,LOCATED IN THE P.A.HOLDER SURVEY,ABSTRACT NO.297,AND THE JOSEPH MARSHALL SURVEY,ABSTRACT NO.409,WILLIAMSON COUNTY,TEXAS, BEING A PORTION OF THAT CERTAIN REMAINDER OF THE CALLED 156.769 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO THE CITY OF ROUND ROCK OF RECORD IN DOCUMENT NO. 2017001675, OF THE OFFICIAL PUBLIC RECORDS (OPR) OF WILLIAMSON COUNTY, TEXAS, SAID 30.00 ACRE TRACT OF LAND BEING SURVEYED ON THE GROUND IN SEPTEMBER, 2024, UNDER THE DIRECT SUPERVISION OF MIGUEL A. ESCOBAR, LSLS, RPLS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod-with cap stamped "STAN COALTER, LSLS, RPLS 1481, ROUND ROCK, TX 5122558211"found at the southwest corner of that certain called 1.50 acre tract of land described as a Save and Except tract in a Special Warranty Deed to the City of Round Rock of record in Document No. 2017001675, said OPR,for an angle point in the north boundary line of the herein described tract; THENCE, North 74°24'50" East, with the south boundary line of said 1.50 acre Save and Except Tract, at 244.92 feet pass a 1/2 inch iron rod with cap stamped "INLAND 4933" found for the southeast corner of said 1.50 acre tract of land, continuing in all a total distance of 326.56 feet to a 1/2 inch iron rod with cap stamped "INLAND GEODETICS" set on the western boundary line of Lot 1, Block A, BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT, a subdivision of record in Document No. 2007067173, said OPR, for the northern most northeast corner of the herein described tract; THENCE,South 03°34'00"East,with said western boundary line of Lot 1,a distance of 1102.13 feet to a 1/2 inch iron rod with cap stamped "INLAND GEODETICS" set at the southwest corner of said Lot 1,for an interior corner of the herein described tract; THENCE,North 58°56'59"East,with the south boundary line of said Lot 1,a distance of 363.01 feet to a 1/2 inch iron rod with cap stamped "LCRA" found for an angle point in the south boundary line of said Lot 1, and for a corner of the herein described tract; THENCE,North 58°33'41"East,continuing with the south boundary line of said Lot 1,a distance of 244.48 feet to a 1/2 inch iron rod with cap stamped "LCRA"found for an interior corner of said Lot 1,and for the eastern most northeast corner of the herein described tract; THENCE,South 02°30'07" East,with a west boundary line of said Lot 1,a distance of 462.60 feet to a point in the centerline of Brushy Creek for the southeast corner of the herein described tract; THENCE,with the meanders of the centerline of Brushy Creek,the following nine(9)courses and distances: South 71°57'53"West,a distance of 60.23 feet to a calculated point; South 66"40'03"West,a distance of 90.58 feet to a calculated point; South 49°32'17"West,a distance of 78.88 feet to a calculated point; South 40°47'31"West,a distance of 82.04 feet to a calculated point; South 23°37'12"West,a distance of 81.79 feet to a calculated point; F"+1 1504 Chisholm Trail Rd#103 EXHIBIT Round Rock,Tx 78681 "y"'y��'' $TBPELS12-23 Firm No. 10059100 \V/ 512-238-1200 office B Page 2 of 3 Exhibit" " Proj. No.CORR-006.3 30.00 Acres October 8,2024 P.A. Holder Survey,Abstract No.29 Joseph Marshall Survey,Abstract No.409 Willaimson County,Texas South 28°51'56"West,a distance of 110.18 feet to a calculated point; South 36°12'44"West,a distance of 282.02 feet to a calculated point; South 38°03'16"West,a distance of 84.64 feet to a calculated point; South 47°37'04" West,a distance of 495.33 feet to a calculated point; THENCE,South 86°26'01"West, leaving said Brushy Creek, a distance of 64.84 feet to a calculated point for the southwest corner of the herein described tract; THENCE,North 03°33'59"West,over and across said 156.769 acre tract of land,at a distance of 130.00 feet pass a 1/2 inch iron rod with cap stamped"INLAND REF POINT"set,continuing in all a total distance of 2122.75 feet to a 1/2 inch iron rod with cap stamped "INLAND GEODETICS"set for the northwest corner of the herein described tract; THENCE, North 86°26'01" East, continuing over and across said 156.769 acre tract of land, a distance of 198.93 feet to the POINT OF BEGINNING and containing 30.00 acres of land,more or less,within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983,Central Zone,NAD 83(2011).All distances are surface values represented in US Survey Feet based on a Grid-to-Surface Combined Adjustment Factor of 1.00012. The use of the word "certify" or"certification" on this document only constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee,either expressed or implied. The foregoing metes and bounds description,and survey on which it was based, is accompanied by and a part of a survey map of the subject tract. That I, Miguel A. Escobar, a Registered Professional Land Surveyor, do hereby certify that the above description and the accompanying sketch is true and correct to the best of my knowledge and belief and the property described herein was determined by a survey made on the ground during the months of September,2024,under my direct supervision. WITNESS MY HAND AND SEAL at Round Rock,Williamson County,Texas on this 8th of October,2024,A.D. INLAND GEODETICS OFE i� ..................... Miguel A. Escobar, L.S.L.S., R.P.L.S. ...... ANG.......V Texas Reg. No.5630 :.�R 5630 P: 1504 Chisholm Trail Rd#103 lq°FESSIq?oQ N��SUR��� Round Rock,TX 78681 TBPELS Firm No. 10059100 P:\Projects\City of Round Rock (CoRR)\CoRR-006.3 - WA3 - Kalahari 30ac Boundary Survey\S -Descriptions-Reports\CoRR-006.3-Bndy WA3 Kalahari 30ac.docx rl-� 1504 Chisholm Trail Rd#103 NLAND�ODETICS Round Rock,TX 78681 TBPELS! 512-23 -12irm No. 10059100 \V/ 512-238-1200 office i i r 1� I �4fMalGa u[RPsm oN ra rocs cooAawrz e.erol o[res;cwau to•r. I J0'N°fo a`rm:s�"oNl II �" 1 is aaii�lra:"usm oN"A oo"-ro=s�.Mf[csws m r��M r��o.a S��Q��a�; i I I 1 y � s xc[er.w x`xor s�ws°R 9=.'M­ w.asut[wars'rn[i nio V s I I rwrn a M •• solpA1•is. y� x ral0 � rsrw�`rxo.f:r.. / •.Awol �mr or ewo Boal N SITE a. ,K suras RDLfL1F0 mf loco.xo ox rH: wr w . nw coNrq• I I ooc Ho.aomasu�T vR;\�II nm°iMCIRme[rorDe.exoL`A'W. meas wrc emN wrzm ei r�R e u m[;' an I IIy // II unnr r smr tNf rcns[s¢ OR RSH[Pa rK rrAMl CALLED 1.50 AC Hmswnox sNo.x xd[w coNnmrm n . ossgvm/ SAVE k EXCEPT tYODK[or MTxna.LcuroNs K uNODCROUxR unm6%smKn,ass wr vAP' DOC NO.2017001675 OPR I gSdort�l li0•b MgRx /da110xK�Rm tined/ xr3. asgw. rarArae wi roa ei urouNlmem w POB 4213' TI {ooc,1•'0.a0e'a6Afroenro.aR Ii duvA �OI�suo�oueNo�PR��r rreissuANfr ro/SsqouUCsN egOA }C d vs.. DEWY C..x T meIRNd1f IOd[KS r011 ) 1 us[or rx[Ralo rsArvY os rxs oa[wurr our coxsmvr[s LI7 us4. LOT 1,BLACK A WASTEWATER TRE RENT PL Cgrs Ae oon wr m[H Mo`n A WASTEWATER 0.E067173 PUNT �aru10r�p,L [n i iRWM M DOC N0.100i 067177,OPR D EUnRURR.[IINq dPlldem M YPu[D. P'I`wr moss�[..nsrz saisi.i eowo aa�ienow rc rK s.uci•,elm n II VICINfMAP 4 N T.S. r ra rxoPsarr s otic s(xor Ruom1 �I 14,0 / 0 000 500 s ovna of uvwworwa -asfnKo niv`m o['•`•"ml ` I� r1f� our n m i ow'c�vr�H[a.evs fsa� wsuwc[lure rnrt/x[Hsmxoxrz a14G ,1 SCALE: 1'_ !OO' a1HA// // w Auw•I[ As or rIM RELWNDER OF 4. II /� ro ON Txf ImDw qt wM•LdM IlA]i[Y swrA'xwri wr.rre nsrao[r a`x Ramis rn[ waosnaaoo sum w war CAl1OF 156.749 AC COF ROUND ROCK YoioociID off ix[moron. �r DOC NO.2017001675,OPR eoo pi;coq[�` LEGEND 13 r/,�• [ 6 IRON 900 SET TCS' STAMP .LfF IRON_INR GEFDE11C5 Y IRON ROU FOUND LI N 74'24 50 E 726.6 10 S 23'17 12 W 61.79 - / / ' W/CM STAMP-NOTED L2 5 3'3100'E 1 102.1] 11 S 26'51 58 110.18 �Q•A /� I e CALCUUTED POINT B 1 1 5 61 2.0 n3' // OR GEED RECORDS OF L4 N 56]311 E 211.48 4 Cj� O �. // I WILLIAMSON COUNTY,TEXAS lS 5 2'30 D7 E 182.60 L74 S 173704 W 495.33 Z U' OFFICIAL PUBLIC RECORDS OF L6 S 71'575] W 60.23 6'28 1 W 4.4 t.14 �' �/ OPR W.LLA(SON COUNTY,TEXAS L 6'10 116 N 3']]S9 W 2 122.75 OFFICIAL RE DS OF L6 9'21 W B.B I N 6'2601 198.93 S�3'�." / u ORWILLIAMSON L9 S 40'47 31 W 62.04 .S/p' - 30.00 AC -/ L7 COUNTY.TEXAS •' • / POB POINT OF BEGINNING �� jj POWER POLE r / L10 (.'•• -DHE-OVERHEAD ELECTRIC / r$8 STAN COALTER•STAN COALTER LSLS,RPLS,5/ Ltt rjt;` 1481,ROU No ROCK,TX THIS IS TO CERTIFY THAT IS SURVEY WAS MADE ON THE GROUND t`V4or 12-285-8211 IN AUGUST 2624,BY LIE OR UNDER MY SUPERVISION.THAT THIS �N / ry F \• SURVEY PUT REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. / �� [, 'fit' yT• INLAND C[ODE11C5 94'�t°�["ea:U •vO2.Y4 �` ,� ���b�\ ��ggRR2T�Vpp FLn L • _s• ?: CTT.si.,. � �/ -- ..:.....*. '• / .;;'•,K;` SURVEY OF 30 ACRE TRACT MIGUEL A.ESCOBAR,LS.L&.R.P.LS 5630 4" TxsAxo 6sw / y,M SNOWING PROPERTY OF I SO4 CHISHOIM TRAIL RD.,/103 TEXAS REG.N0.5670 •f'�';�s•;o?�' / RO IaeNY ROUND ROCK,TX 79681 4 +,yAsuinEA� l Cf1Y OF ROUND ROCK\\Ys12.NO. OS, I I PROJECT:KALAHARI 30AL BOUNDARY SURVEY FIR I SHEET 3OF3-oo 3 I I WRIKNSON COUNTY,TEXASy�J la/n/ma•