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CM-2026-015 - 1/2/2026 ELECTRONICALLY RECORDED 2026001086 Williamson County,Texas Total Pages: 21 ENCROACHMENT AGREEMENT This Encroachment Agreement,hereinafter"Agreement." is made and entered into between CND- DOUBLE CREEK LI.C, hereinafter"Owner," a'Texas limited liability company, whose address is 1 I I I North Post Oak Road, Houston, Texas. 77055, and the CITY Or ROUND ROCK, TEXAS, hereinafter the"City," a municipal home-rule corporation whose address is 221 F. Main Street. Round Rock, Texas 78664, and becomes effective on the date indicated below. The City and the Owner agree as follows: A. Owner is the owner of property located along Ray Berglund Blvd. and Double Creek Drive, Round Rock, 'Texas, 78664, described as Lot I, Block B of Replat of Lots 5, 6, 11, 12& 13, Block A, RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO,an Addition in the City of Round Rock, in Williamson County.Texas,according to the map or plat thereof: recorded in/under Volume DD, Page 291 and replatted in County Clerk's File No. 2022138783 of the Official Public Records of Williamson County, Texas (the "Property"). B. City is the record holder of a 15' Public Utility Easement recorded in Volume 1438, Page 448 of the Official Public Records of Williamson County, 'Texas, a 15' Public Utility Easement recorded in Volume 1438, Page 452 of said Public Records,Texas,a Waterline Easement, 10' Public Utility and Sidewalk Easement, and a 10' Public Utility, Sidewalk and Construction Easement recorded in Cabinet DD, Slide 291 of the Plat Records of Williamson County. Texas, and the Right-of-Way of Valerian Trail (the "Fasement Area"). C. The Owner has requested that the City allow an encroachment on or over a portion of the Easement Area,with the Encroaching Structures being in the nature of landscaping and irrigation improvements. as set forth in Exhibit "A," attached hereto and incorporated herein by reference for all purposes (the "Encroaching Structure"). D. By execution of this Agreement, the City grants its limited consent for the Owner to encroach on or over a portion of the Easement Area strictly subject to the following coudilious: (1) The Encroaching Structures may be located only as depicted on the attached Exhibit"A,"and that no further encroachment or improvements of any kind in the Easement Area shall be allowed; (2) The existence of the Encroaching Structures shall be subject to any and all relevant requirements of the Round Rock Code of Ordinances, including but not limited to the Building Code; (3) Use, maintenance, repair and removal of the Encroaching Structures shall be solely at the risk and liability of the Owner, and not at the risk and liability of the City in any manner whatsoever; 1 FNC 25-00004 Double Creek Crossing CM-10&- 015 2026001086 Page 2 of 21 (4) Removal of the Encroaching StrUClnreS. or lite encroaching portion thereof, shall cause the immediate termination of this Agreement; (5) The permission of the City in allowing the Encroaching Structures shall be strictly- limited to this particular request.and shall not be construed as establishing any precedent whatsoever; (6) The parties expressly agree that the City shall not be responsible for damage caused to the Encroaching Structures by the continued and intended use of the pipes to convey storm water flows as designed; (7) The Owner shall indemnify and hold the City harmless from any and all loss, damage, penalty, liability, cost and expense. including without limitation reasonable attorney's fees, that may be incurred by, imposed upon, or asserted by reason of any suit, action. legal proceeding, claim, demand,regulatory proceeding,or litigation arising from any act done or omitted to be done by any party, excepting only any loss, damage, penalty, liability. cost or expenses resulting from negligence or willful misconduct of the City. Nothing herein shall be deemed to limit the rights (including but not limited to the right to seek contribution) of'tile City or the Owner against any third party who may be liable for an indemnified claim. "file parties agree that in no event shall the City be liable to the Owner for any incidental, indirect, special, punitive, consequential or similar damages of any kind including without limitation loss of profits, loss of business or interruptions of business, whether such liabilities are predicated on contract, tort, strict liability or any other legal theory. This indemnification shall apply to the Owner, and to each of its successors, assigns, officers, employees and officials. The parties agree that the provisions of this section shall survive the termination of this agreement; (8) Relative to any subsequent purchaser of the Property and/or the Encroaching Structures, the Owner expressly agrees to adequately inform any such purchaser of the existence of this Agreement and provide a copy of same; and (9) This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. This Agreement and all of its provisions are solely for the benefit of the parties hereto and do not and are not intended toto create or grant any rights, contractual or otherwise. to any third person or entity. 2 2026001086 Page 3 of 21 13y execution below try the Owner turd tl7c respcc:mc appropriate authorities of the C'it} Of Round Rock, pexis, the signatories bind the entities to obey tell conditions of this ,,uccmc nt. OWNER CND-DOUBLE CREEK, LLC:' H Texas Limited I,itrbilit}' ('cm7panti By: DiYI WrrKLLY, INC. a Delis are Col-poralion, Mtlml-er Bv: Date i S -_;, 4 eel; �1;Q t z42 CITY CITY OF ROUND ROCK, TEXAS. - --------- Brooks _Brooks Bennett. City Manap.er D'Ite Signeci: r Acknowledgements on following page. 3 2026001086 Page 4 of 21 ACKNOWLEDGMENT THIN STATE OF ITY10S § COUNTY OF HOM § This instrument was acknowledged before me on this the ! day of the month of p 202 5, by John -..- __.. (Name), (Title) of DM Weekley, tnc., a Delaware Corporation, in its capacity as Manager of CND-Double Creek, LLC, a']'exas limited liability company, known by me to be the person whose name is subscribed to the foregoing ilistrument, and acknowledged to me that lie executed the same as the act and deed of and on behalf ol'said entity and in the capacity and for the pul'l)oses and consideration therein expressed. 07 ELENA SMITH _UV_ VA NOTARY PUBLIC Notary Public in and for the State of S STATE of TEXAS MY COMM.EXP.07/16/29 NOTARY IO 135516576 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON `I'llis instrument w�is acknowledged beloce nie oil this day of ` ({ d`d 2021-,, by Brooks Bennett, bound Dock City Manager, in the capacity and for the pfirposus and consideration therein indicated. I L _ CA Gl� `\`\`���11►1y , Notary Public in and or the State of`Texas \\\� CA G/ /����i _ co �TF0FI 4 2026001086 Page 5 of 21 Exhibit "A" EA.RLV LAND SURVEYLNG, LLC P.O. Box 92588, Austin, TX 78709 512-202-8631 earlysurveying.com TBPELS Firm No. 10194487 0.231 ACRES WILLIAMSON COUNTY, TEXAS A DESCRIPTION OF 0.231 ACRES (APPROXIMATELY 10,040 SQ. FT.), BEING A PORTION OF A 15' PUBLIC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 1438, PAGE 448 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF A WATER LINE EASEMENT DEDICATED TO THE CITY OF ROUND ROCK BY PLAT RECORDED IN CABINET DD, SLIDE 291 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF LOT 1, BLOCK B, A PORTION OF A 10' PUBLIC UTILITY AND SIDEWALK EASEMENT, AND A PORTION OF THE RIGHT-OF-WAY OF VALERIAN TRAIL (50' RIGHT-OF-WAY WIDTH) BOTH AS SHOWN ON THE REPLAT OF LOTS 5, 6, 11, 12 & 13, BLOCK A, RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2022138783 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF A GENERAL COMMON ELEMENT ESTABLISHED BY THE CONDOMINIUM REGIME RECORDED IN DOCUMENT NO. 2024041849 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO CND-DOUBLE CREEK, LLC. IN A SPECIAL WARRANTY DEED DATED MAY 28, 2021 AND RECORDED IN DOCUMENT NO. 2021081006 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.231 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a calculated point in the south right-of-way line of Valerian Trail (50' right- of-way width) as shown on said Replat of Lots 5, 6, 11, 12 & 13, Block A, Ray Berglund Subdivision Section Two, being in the north line of said Lot 1 and the north line of the said 10' Public Utility and Sidewalk Easement, being also in the west line of the said 15' Public Utility Easement, from which a 112" rebar with "Early Boundary" cap set in the south right- of-way line of Valerian Trail, being in the north line of said Lot 1 and the north line of the said 10' Public Utility and Sidewalk Easement, bears South 87°02'28" West, a distance of 100.40 feet; THENCE crossing the right-of-way of Valerian Trail, the following courses and distances: 1. North 02°31'36" West, with the west line of the said 15' Public Utility Easement, a distance of 9.51 feet to a calculated point; 2026001086 Page 6 of 21 Exhibit "A" Page 2 2. North 87002'06" East, crossing the said 15' Public Utility Easement, a distance of 15.00 feet to a calculated point in the east line of the said 15' Public Utility Easement; 3. South 02°31'36" East, with the east line of the said 15' Public Utility Easement, a distance of 9.51 feet to a calculated point in the south right-of-way line of Valerian Trail, being in the north line of said Lot 1 and the north line of the said 10' Public Utility and Sidewalk Easement, from which a 112" rebar with "RJS #4391" cap found in the south right-of-way line of Valerian Trail, being the easternmost northeast corner of said Lot 1, same being a northeast corner of the said 10' Public Utility and Sidewalk Easement, being also the northwest corner of Lot 3, Block K, Final Plat of Round Rock Ranch Phase One Section Three-C-1, a subdivision of record in Cabinet Y, Slide 106, of the Plat Records of Williamson County, Texas, bears North 87°02'28" East, a distance of 34.50 feet; THENCE crossing said Lot 1, with the perimeter of the said 15' Public Utility Easement, the said 10' Public Utility and Sidewalk Easement, and a 10' Public Utility, Sidewalk and Construction Easement as shown said plats of record in said Volume DD, Page 291 and said Document No. 2022138783, crossing the said Water Line Easement and the said General Common Element, the following courses and distances: 1. South 02°31'36" East, a distance of 517.65 feet to a calculated point; 2. North 87°30'00" East, a distance of 10.44 feet to a calculated point; 3. With a curve to the left, having a radius of 1060.00 feet, a delta angle of 08008'52", an arc length of 150.74 feet, and a chord which bears South 04°37'10" West, a distance of 150.61 feet to a calculated point in the south line of the said 15' Public Utility Easement, being in the north line of a 15' Public Utility Easement described in Volume 1438, Page 452 of the Official Records of Williamson County, Texas; THENCE South 87014'32"West,with the south line of the said 15' Public Utility Easement and the north line of the 15' Public Utility Easement described in said Volume 1438, Page 452, a distance of 6.71 feet to a calculated point for the southwest corner of the said 15' Public Utility Easement, being the northwest corner of the 15' Public Utility Easement described in said Volume 1438, Page 452; 2026001086 Page 7 of 21 Exhibit "A" Page 3 THENCE North 02031'36" West, crossing said Lot 1 and the said 10' Public Utility and Sidewalk Easement, with the west line of the said 15' Public Utility Easement, and the west line of the said General Common Element, a distance of 667.01 feet to the POINT OF BEGINNING, containing 0.231 acres of land, more or less. Surveyed on the ground on December 11, 2024. Bearing Basis: The Texas Coordinate System of 1983 (NAD83), Central Zone, utilizing the SmartNet North America Network. Attachments: Survey Drawing No. 1016-002-LA2 0Fe!` 2/26/2025 ;-.........._........._�......._.... JOE BEN EARLY, JR., Joe Ben Early, Jr. Date �`; ,...... 01 6P Registered Professional Land Surveyoro ;F s State of Texas No. 6016 �u 2026001086 Page 8 of 21 Exhibit "A" SKETCH TO ACCOMPANY A DESCRIPTION OF 0.231 ACRES (APPROXIMATELY 10,040 SQ. FT.), BEING A PORTION OF A 15' PUBUC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 1438, PAGE 448 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF A WATER LINE EASEMENT DEDICATED TO THE CITY OF ROUND ROCK BY PLAT RECORDED IN CABINET DD, SLIDE 291 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF LOT 1. BLOCK B. A PORTION OF A 10' PUBLIC UTILITY AND SIDEWALK EASEMENT, AND A PORTION OF THE RIGHT—OF—WAY OF VALERIAN TRAIL (50' RIGHT—OF—WAY WIDTH) BOTH AS SHOWN ON THE REPLAT OF LOTS 5. 6. 11, 12 & 13, BLOCK A, RAY BERGLUND BOULEVARD SUBDMSION SECTION TWO. A SUBDIVISION OF RECORD IN DOCUMENT NO. 2022138783 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF A GENERAL COMMON ELEMENT ESTABLISHED BY THE CONDOMINIUM REGIME RECORDED IN DOCUMENT NO. 2024041849 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID LOT 1 CONVEYED TO CND—DOUBLE CREEK, LLC. IN A SPECIAL WARRANTY DEED DATED MAY 28, 2021 AND RECORDED IN DOCUMENT NO. 2021081006 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. LEGEND •RJS 1/2" REBAR WITH "RJS #4391" CAP FOUND w 1/2" REBAR WITH "TERRA FIRMA" CAP FOUND O 1/2" REBAR WITH "EARLY BOUNDARY" CAP SET o CALCULATED POINT G.E. CONSTRUCTION EASEMENT G.C.E. GENERAL COMMON ELEMENT P.U.E. PUBLIC UTILITY EASEMENT S.W. SIDEWALK EASEMENT ( ) RECORD INFORMATION CURVE TABLE CURVEI RADIUS I DELTA I ARC I BEARING I CHORD Cl 1 1060.00' 8'08'52" 1 150.74' 1 SO4'37'10"W 150.61' LINE TABLE LINE BEARING DISTANCE L1 NO2'31'36"W 9.51- 0 F .51'OF T L2 N8T02'06"E 15.00' �Q �G s r e�F+ L3 S0731'36"E 9.51' v� L4 S02-31-36"E 517.65' JOE BEN EARLY, JR. L5 N87'30'00"E 10.44' r 6016 r L6 S87'1 4'32"W 6.71'- 4- , s s x°��� L7 NO2'31'36"W 667.01' SUR L8 S87'02'28"W 100.40' L9 N87'02'28"E 34.50' L10 I NO2'31'36"W 50.04' THE BASIS OF BEARINGS SHOWN 2/26/2025 EARLY LAND SYSTEM IS THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83), CENTRAL ZONE, U DATE OF SURVEY: 12/11/24 SURVEYING, LLC NORTH ATMERICA ILIZING NHETWORKRTNET PLOT DATE: 2/26/25 P.O. BOX 92588 DRAWING NO.: 1016-002-LA2 AUSTIN, TX 78709 DRAWN BY: MAW 512-202-8631 ATTACHMENTS: METES AND BOUNDS SHEET 1 OF 2 TBPELS FIRM NO. 10194487 DESCRIPTION 1016-002-LA2 2026001086 Page 9 of 21 Exhibit "A" LOT 1 U I BLOCK A I I o0 ! FINAL PLAT / IX I (2022138783) I 0. ! % 1 / / OF ROUND / U I I ! ROCK RANCH / o & ------=-�-i _ — T ! / / SECTION / 20.:1 387E�i I �Z \-------- -�-- �� / THREE-C-1 / > L2 to (Y/106) / � / 0 / VALERIAN TRAIL —— r P.O.B. (50' R.O.W. WIDTH) I LOT 3 (2022138783) I BLOCK K / 06) I (Y/td6) // J CNY J- R0UND ROCK' --- (1438/448) (-95/291) / 0.231 ACRES LOT 1 APPROX. 10,040I LOT 1 BLOCK B SQ. FT. I BLOCK K REPLAT OF LOTS 5, 6, 11, I (Y/106) / J�of 12 & 13, BLOCK A, d I / 00 `� RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO (2022138783) OOJNLE CREEK I / / CONDOVINIUVS (2024041849) CITY OF ROUND ROCK I I l l ! 10' P.U.E.. S.W., & C.E. ;IIl I (OD/291) (20221-38783) / 10' P.J.E. & S.W. (20221.3878.3) I ! L5 ! ' sAr F I r 1 �P�G CITY 0r ROUNU RUCK r ! CO,) q- s^1 U1 APPROX W.1.1 - I r ! JOE BEN EARLY, JR. W10TH VARA S ( I o ti 6016 DD 291 202213818.3 t- r I SUR r r �I f I I 2/26/2025 C7rY �r RouND ROCK L6 rs' 7 u.E (7 4.38/452) (D0/2.91) I-- 1" = 100• (2022138783) I I EARLY LAN D CITY OF ROUND ROCK SUR-VE.YIN6, LLC 10' P.U E, S.W., & C F. P.O. BOX 92588 (00/2y7) (2022?.38783) I AUSTIN, TX 78709 DRAWING NO.: 1!i' P.U.E. & S.W. I 512-202-8631 1016-002-LA2 120221387R 3) I TBPELS FIRM NO. 10194487 SHEET 2 OF 2 2026001086 Page 10 of 21 Exhibit"A" EARLY LAND SURVE ING, LLC P.O. Box 92588, Austin, TX 78709 512-202-8631 earlysurveying.com TBPELS Firm No. 10194487 0.136 ACRES WILLIAMSON COUNTY,TEXAS A DESCRIPTION OF 0.136 ACRES (APPROXIMATELY 5,909 SQ. FT.), BEING A PORTION OF A 15' PUBLIC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 1438, PAGE 448, A PORTION OF A 15' PUBLIC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 1438, PAGE 452, BOTH OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF A 10' PUBLIC UTILITY, SIDEWALK AND CONSTRUCTION EASEMENT DEDICATED TO THE CITY OF ROUND ROCK BY PLAT RECORDED IN CABINET DD, SLIDE 291 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,TEXAS; A PORTION OF LOT 1, BLOCK B, AND A PORTION OF A 10' PUBLIC UTILITY AND SIDEWALK EASEMENT, BOTH AS SHOWN ON THE REPLAT OF LOTS 5, 6, 11, 12 & 13, BLOCK A, RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO,A SUBDIVISION OF RECORD IN DOCUMENT NO. 2022138783 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF A GENERAL COMMON ELEMENT ESTABLISHED BY THE CONDOMINIUM REGIME RECORDED IN DOCUMENT NO. 2024041849 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID LOT 1 CONVEYED TO CND-DOUBLE CREEK, LLC. IN A SPECIAL WARRANTY DEED DATED MAY 28, 2021 AND RECORDED IN DOCUMENT NO. 2021081006 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.136 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" rebar with "Austin Surveyors" cap found in the west right-of-way line of Double Creek Drive (100' right-of-way width), being in the east line of said Lot 1, being a corner of the said 10' Public Utility, Sidewalk and Construction Easement, same being a corner of the said 10' Public Utility and Sidewalk Easement, being the east line of the said General Common Element, being also the southernmost corner of Lot 1, Block K, Final Plat of Round Rock Ranch Phase One Section Three-C-1, a subdivision of record in Cabinet Y, Slide 106 of the Plat Records of Williamson County, Texas; THENCE with the west right-of-way line of Double Creek Drive, and the perimeter of said Lot 1, the said 10' Public Utility, Sidewalk and Construction Easement, the said 10' Public Utility and Sidewalk Easement, the said 15' Public Utility Easement, and the said General Common Element, the following courses and distances: 1. With a curve to the left, having a radius of 1050.00 feet, a delta angle of 14°53'18", an arc length of 272.84 feet, and a chord which bears South 04°43'03" West, a 2026001086 Page 11 of 21 Exhibit "A" Page 2 distance of 272.08 feet to a 112" rebar with "Austin Surveyors" cap found; 2. South 02°45'28" East, a distance of 175.08 feet to a calculated point in the north right-of-way line of Henna Way (Private Street) as shown on said Document No. 2024041849; THENCE with the north right-of-way line of Henna Way, crossing said Lot 1, the said 10' Public Utility, Sidewalk and Construction Easement, the said 10' Public Utility and Sidewalk Easement, the said 15' Public Utility Easement, and with the south line of the said General Common Element, the following courses and distances: 1. With a curve to the right, having a radius of 24.50 feet, a delta angle of 25°04'53", an are length of 10.72 feet, and a chord which bears South 74°42'05" West, a distance of 10.64 feet to a calculated point; 2. South 87°14'32"West, a distance of 4.61 feet to a calculated point in the west line of the said 15' Public Utility Easement, being a southwest corner of the said General Common Element; THENCE North 02°44'41" West, crossing said Lot 1, with the west line of the said 15' Public Utility Easement and the west line of the said General Common Element, a distance of 237.90 feet to a calculated point for the northwest corner of the said 15' Public Utility Easement described in said Volume 1438, Page 452, being the southwest corner of the said 15' Public Utility Easement described in said Volume 1438, Page 448; THENCE crossing said Lot 1 and the said General Common Element, with the common line of the said 15' Public Utility Easements, and with the perimeter of the said 10' Public Utility, Sidewalk and Construction Easement and the said 10' Public Utility and Sidewalk Easement, the following courses and distances: 1. North 87°14'32" East, a distance of 6.71 feet to a calculated point; 2. With a curve to the right, having a radius of 1060.00 feet,a delta angle of 13033'14", an arc length of 250.75 feet, and a chord which bears North 07°19'20" East, a distance of 250.17 feet to a calculated point in the east line of said Lot 1 and the said General Common Element, being the northernmost corner of the said 10' Public Utility, Sidewalk and Construction Easement, same being the northernmost corner of the said 10' Public Utility and Sidewalk Easement, being also in the west line of said Lot 1, Block K, from which a 112" rebar with "Terra Firma" cap found in the east line of said Lot 1, being the northernmost corner of said Lot 1, Block K, being also the southwest corner of Lot 3 of said Block K, bears North 02°31'36" West, a distance of 257.78 feet; THENCE South 02°31'36" East, with the west line of said Lot 1, the west line of the said 10' Public Utility, Sidewalk and Construction Easement, the west line of the said 10' Public Utility and Sidewalk Easement, the west line of the said General Common Element, and 2026001086 Page 12 of 21 Exhibit"A" Page 3 the east line of said Lot 1, Block K, a distance of 37.05 feet to the POINT OF BEGINNING, containing 0.136 acres of land, more or less. Surveyed on the ground on December 11, 2024. Bearing Basis: The Texas Coordinate System of 1983 (NAD83), Central Zone, utilizing the SmartNet North America Network. Attachments: Survey Drawing No. 1016-002-LA3 / OF IX 1p �tQ �i In 2/26/2025 (JOE BEN EARLY, JR..$� ..............................f.... Joe Ben Early, Jr. Date �r 6016 �. Registered Professional Land Surveyor 4 J'•`.:r ,,�5"-k State of Texas No. 6016 2026001086 Page 13 of 21 Exhibit "A" SKETCH TO ACCOMPANY A DESCRIPTION OF 0.136 ACRES (APPROXIMATELY 5,909 SQ. FT.), BEING A PORTION OF A 15' PUBLIC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 1438, PAGE 448, A PORTION OF A 15' PUBLIC UTILITY EASEMENT CONVEYED TO THE CITY OF ROUND ROCK IN VOLUME 1438, PAGE 452, BOTH OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF A 10' PUBLIC UTILITY. SIDEWALK AND CONSTRUCTION EASEMENT DEDICATED TO THE CITY OF ROUND ROCK BY PLAT RECORDED IN CABINET DD, SLIDE 291 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF LOT 1, BLOCK B, AND A PORTION OF A 10' PUBUC UTILITY AND SIDEWALK EASEMENT, BOTH AS SHOWN ON THE REPLAT OF LOTS 5. 6, 11. 12 & 13, BLOCK A. RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2022138783 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF A GENERAL COMMON ELEMENT ESTABLISHED BY THE CONDOMINIUM REGIME RECORDED IN DOCUMENT NO. 2024041849 OF THE OFFICIAL PUBUC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID LOT 1 CONVEYED TO CND—DOUBLE CREEK. LLC. IN A SPECIAL WARRANTY DEED DATED MAY 28, 2021 AND RECORDED IN DOCUMENT NO. 2021081006 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. LEGEND lll� 1/2" REBAR WITH "AUSTIN SURVEYORS" CAP FOUND 0T 1/2" REBAR WITH "TERRA FIRMA" CAP FOUND A CALCULATED POINT C.E. CONSTRUCTION EASEMENT G.C.E. GENERAL COMMON ELEMENT P.U.E. PUBLIC UTILITY EASEMENT S.W. SIDEWALK EASEMENT ( ) RECORD INFORMATION CURVE TABLE CURVE RADIUS DELTA ARC BEARING CHORD Cl 1050.00' 14'53'18" 272.84' SO4'43'03"W 272.08' C2 24.50' 25'04'53" 10.72' S74'42'05"W 10.64' C3 1060.00' 13'33'14" 250.75' N07'19'20"E 250.17' LINE TABLE OF LINE BEARING DISTANCE P S T e �Ff L1 S02'4528"E 175.08' o N L2 S871 4'32"W 4.61' JOE BEN EARLY, JR. L3 NO2'44'41"W 237.90' 6016 a L4 N87'14'32"E 6.71' -7 Op e s s k L5 S02'31'36"E 37.05' S U R L6 NO2'31'36"W 1 257.78' THE BASIS OF BEARINGS SHOWN 2/26/2025 EARLY LAND HEREON IS THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83), CENTRAL SURVEYING, LLC ZONE, UTILIZING THE SMARTNET DATE OF SURVEY: 12/11/24 NORTH AMERICA NETWORK. PLOT DATE: 2/26/25 P.O. BOX 92588 DRAWING NO.: 1016-002-LA3 AUSTIN, TX 78709 DRAWN BY: MAW 512-202-8631 ATTACHMENTS: METES AND BOUNDS SHEET 1 OF 2 TBPELS FIRM NO. 10194487 DESCRIPTION 1016-002-LA3 2026001086 Page 14 of 21 Exhibit "A" I LOT 3 / I BLOCK K / I (Y/106)// ry / I I T� // / FINAL PLAT 1" = 100' i I / OF ROUND / ROCK RANCH I / PHASE ONE CIfY Or ilO( r'VLL' 1?OCr; -� I �/ SECTION 15' P.i1 F I I LOT 1 / THREE-C-1 (1438/418) I IBLOCK K I (Y/106) (Y/106) (DD1291) I I I / I / c.C.F. DOUM F (2024041840) I � / CI rY OF ROUND ROCK I I 1 I lU, 1'.U.L.. S.W., & C.L. L5 I (ID/291) (2022138/83) I ! 10' P.11 F. & S.VY — -I _ A LOT BLOCKIB (2022138/83) REPLAT OF LOTS 5, 6, 11, P.O.B. 12 & 13, BLOCK A, i I RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO C�IY OF r?OUNO ROCK f (2022138783) APPROX. VI.l-.F. C3 !! W"DTFl 11A,RIF i (00/291) (2022,-56183) t c) 0.136 ! ACRES 1 APPROX. ! L4 I 5,909 1 CirY OF ROUND ROCK SQ. FT. 1 75, P.u.E. (14.38/452) (DD/291) OF r (20221.3?78.3) = I I P Ar f R F�- A in o_ (co C17Y Or ROUND ROCK Y � �1 10, P.U.F.. S.Iiv_ & C.£. W JOE BEN EARLY, JR. !00/291) (20221J818.5) 3: 0 6016 10' P. .U. & S.W. � U q � I °p e s s\o� � (20221,58/83) _ o SUR —' moo c.C.L. 0 UM3LE CRELK i p CONDOM MU`MS - 2/26/2025 (20240418'1-9) I HENNA WAY f� (PRIVATE STREET) L2 i C2 HENNA WAY EARLY LAND (2024041849) SUR.VEY[N6, LLC ----- T I r------ P.O. BOX 92588 I I AUSTIN, TX 78709 512-202-8631 TBPELS FIRM NO. 10194487 i DRAWING NO.: 1016-002-LA3 SHEET 2 OF 2 2026001086 Page 15 of 21 Exhibit "A" EARLY LAND SURVEYING, LLC P.O. Box 92588, Austin, TX 78709 512-202-8631 earlysurveying.com TBPELS Firm No. 10194487 0.192 ACRES WILLIAMSON COUNTY, TEXAS A DESCRIPTION OF 0.192 ACRES (APPROXIMATELY 8,359 SQ. FT.), BEING A PORTION OF A 10' PUBLIC UTILITY, SIDEWALK AND CONSTRUCTION EASEMENT, DEDICATED TO THE CITY OF ROUND ROCK BY PLAT RECORDED IN CABINET DD, SLIDE 291 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF LOT 1, BLOCK B, AND A PORTION OF A 10' PUBLIC UTILITY AND SIDEWALK EASEMENT, BOTH AS SHOWN ON THE REPLAT OF LOTS 5, 6, 11, 12 & 13, BLOCK A, RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2022138783 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF A GENERAL COMMON ELEMENT ESTABLISHED BY THE CONDOMINIUM REGIME RECORDED IN DOCUMENT NO. 2024041849 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID LOT 1 CONVEYED TO CND-DOUBLE CREEK, LLC. IN A SPECIAL WARRANTY DEED DATED MAY 28, 2021 AND RECORDED IN DOCUMENT NO. 2021081006 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.192 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 112" rebar with "Early Boundary' cap set in the south right-of-way line of Ray Berglund Boulevard (50' right-of-way width), being a northwest corner of said Lot 1, a northwest corner of the said 10' Public Utility, Sidewalk and Construction Easement, same being the northwest corner of the said 10' Public Utility and Sidewalk Easement, and a northwest corner of the said General Common Element; THENCE South 85°41'43" East, with the south right-of-way line of Ray Berglund Boulevard, the north line of said Lot 1, the north line of the said 10' Public Utility, Sidewalk and Construction Easement, the north line of the said 10' Public Utility and Sidewalk Easement, and the north line of the said General Common Element, a distance of 11.24 feet to a calculated point for the northeast corner of the said 10' Public Utility, Sidewalk and Construction Easement, being in the north line of the said 10' Public Utility and Sidewalk Easement, being also the northeast corner of the said General Common Element; THENCE crossing said Lot 1 and with the perimeter of the said 10' Public Utility, Sidewalk and Construction Easement, the said 10' Public Utility and Sidewalk Easement, and the said General Common Element, the following courses and distances: 2026001086 Page 16 of 21 Exhibit"A" Page 2 1. With a curve to the right, having a radius of 60.00 feet, a delta angle of 47059'12", an arc length of 50.25 feet, and a chord which bears South 52°55'48" West, a distance of 48.80 feet to a calculated point; 2. With a curve to the left, having a radius of 10.00 feet, a delta angle of 73°58'19", an arc length of 12.91 feet, and a chord which bears South 41'00'41" West, a distance of 12.03 feet to a calculated point; 3. South 04°36'36" West, a distance of 397.28 feet to a calculated point; 4. With a curve to the left, having a radius of 420.00 feet, a delta angle of 38°34'23", an arc length of 282.75 feet, and a chord which bears South 14°34'03" East, a distance of 277.44 feet to a calculated point; 5. South 34°03'20" East, a distance of 89.54 feet to a calculated point for the southeast corner of the said General Common Element; THENCE crossing said Lot 1 and the said 10' Public Utility, Sidewalk and Construction Easement, the said 10' Public Utility and Sidewalk Easement, and with the south line of the said General Common Element, South 55°56'40"West, a distance of 10.00 feet to a calculated point in the east right-of-way line of Ray Berglund Boulevard, being in the west line of said Lot 1, the west line of the said 10' Public Utility, Sidewalk and Construction Easement, and the west line of the said 10' Public Utility and Sidewalk Easement, being also the southwest corner of the said General Common Element; THENCE with the east right-of-way line of Ray Berglund Boulevard, the perimeter of said Lot 1, the said 10' Public Utility, Sidewalk and Construction Easement, the said 10' Public Utility and Sidewalk Easement, and the said General Common Element, the following courses and distances: 1. North 34°03'20" West, a distance of 89.56 feet to a 1/2" rebar with "Austin Surveyors" cap found; 2. With a curve to the right, having a radius of 430.00 feet, a delta angle of 38°34'26", an arc length of 289.49 feet, and a chord which bears North 14°34'10" West, a distance of 284.06 feet to a 1/2" rebar with "Austin Surveyors" cap found; 3. North 04°36'36" East, a distance of 397.23 feet to a 112" rebar with "Austin Surveyors" cap found; 4. With a curve to the right, having a radius of 20.00 feet, a delta angle of 73°28'28", an arc length of 25.65 feet, and a chord which bears North 40°56'02" East, a distance of 23.93 feet to a 1/2" rebar with "Austin Surveyors" cap found; 5. With a curve to the left, having a radius of 50.00 feet, a delta angle of 42°31'28", an arc length of 37.11 feet, and a chord which bears North 55°34'36" East, a 2026001086 Page 17 of 21 Exhibit "A" Page 3 distance of 36.26 feet to the POINT OF BEGINNING, containing 0.192 acres of land, more or less. Surveyed on the ground on December 11, 2024. Bearing Basis: The Texas Coordinate System of 1983 (NAD83), Central Zone, utilizing the SmartNet North America Network. Attachments: Survey Drawing No. 1016-002-LA5 Jo r� o?� 2/26/2025 {JOE BEN EAR0, JR.)' Joe Ben Early, Jr. Date �.:f._..co�E�......c;'� Registered Professional Land Surveyor State of Texas No. 6016 2026001086 Page 18 of 21 Exhibit "A" SKETCH TO ACCOMPANY A DESCRIPTION OF 0.192 ACRES (APPROXIMATELY 8,359 SQ. FT.), BEING A PORTION OF A 10' PUBLIC UTILITY, SIDEWALK AND CONSTRUCTION EASEMENT, DEDICATED TO THE CITY OF ROUND ROCK BY PLAT RECORDED IN CABINET DD, SLIDE 291 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; A PORTION OF LOT 1, BLOCK B, AND A PORTION OF A 10' PUBLIC UTILITY AND SIDEWALK EASEMENT, BOTH AS SHOWN ON THE REPLAT OF LOTS 5, 6, 11, 12 & 13, BLOCK A, RAY BERGLUND BOULEVARD SUBDIVISION SECTION TWO, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2022138783 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; AND A PORTION OF A GENERAL COMMON ELEMENT ESTABLISHED BY THE CONDOMINIUM REGIME RECORDED IN DOCUMENT NO. 2024041849 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID LOT 1 CONVEYED TO CND—DOUBLE CREEK, LLC. IN A SPECIAL WARRANTY DEED DATED MAY 28, 2021 AND RECORDED IN DOCUMENT NO. 2021081006 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. LEGEND 4A 1/2" REBAR WITH "AUSTIN SURVEYORS" CAP FOUND O 1/2" REBAR WITH "EARLY BOUNDARY" CAP SET a CALCULATED POINT C.E. CONSTRUCTION EASEMENT G.C.E. GENERAL COMMON ELEMENT P.U.E. PUBLIC UTILITY EASEMENT S.W. SIDEWALK EASEMENT ( ) RECORD INFORMATION CURVE TABLE CURVE RADIUS DELTA ARC BEARING CHORD C1 60.00' 47'59'12" 50.25' S52'55'48"W 48.80' C2 10.00' 73'58'19" 12.91' $41'00'41 12.03' C3 420.00' 38'34'23" 282.75' S14'34'03"E 277.44' C4 430.00' 38'3426" 1 289.49' N14'34'1O"W 284.06' C5 20.00' 73'28'28" 25.65' N40'56'02"E 23.93' C6 50.00' 42'31'28" 1 37.11' N55-34-36"E 36.26' LINE TABLE 0 F T LINE BEARING DISTANCE S r F -f L1 S85'41'43"E 11.24' a Ln L2 SO4'36'36"W 397.28' JOE BEN EARLY, ,1R. L3 $34'03'20"E 89.54' v mo 6016 �� L4 S5556'40"W 10.00' s s oo L5 N34'03'20"W 89.56' SUR L6 NO V36'36"E 397.23' THE BASIS OF BEARINGS SHOWN 2/26/2025 EARLY LANDHEREON IS THE TEXAS COORDINATE SYSTEM OF 1983 (NAD83), CENTRAL SUYINC, LLC ZONE, UTILIZING THE SMARTNET f��C'>E DATE OF SURVEY: 12/11/24 1( NORTH AMERICA NETWORK. PLOT DATE: 2/26/25 P.O. BOX 92588 DRAWING NO.: 1016-002-LAS AUSTIN, TX 78709 DRAWN BY: MAW 512-202-8631 ATTACHMENTS: METES AND BOUNDS SHEET 1 OF 2 TBPELS FIRM NO. 10194487 DESCRIPTION 1016-002-LA5 2026001086 Page 19 of 21 Exhibit "A" C11> R:?IrVr1 +;'pCK I LOT 1 r 1 F S 'r'i• t C I BLOCK A i U D17i�y1) f__ (2022138783) V i (i 07213378.3; r � r 2 r ——'— — P.O.B. 1' - 100' —� ` I r RAY BERGLUND h AGO ��. r BOULEVARD (50' R.O.W. WIDTH) I A (2022138783) LOT 9 r I C - - --- BLOCK A C11Y 0.- ROUND .ROCK RAY BERGLUND I 10' PAI & S'W' BOULEVARD SUBDIVISION I (20771,587B-j) SECTION TWO I (DD/291) I I . r G c-r I DOUM E Ch.=EK I CONDOYIN UMS LOT 1 I (2024241R4a) BLOCK B I cj REPLAT OF LOTS 5, 5, 11, I 12 & 13, BLOCK A, I RAY BERGLUND BOULEVARD I SUBDIVISION SECTION TWO I (2022138783) RAY BERGLUND BOULEVARD r COY O� >lOUNO HOCK (50' R.O.W. WIDTH) I 10' P.U.F., S.W' & C.C. (DD/291) \ J (0'xP.U.E. & 70' .E. & S.W. I (20221.313783) I — — I 0.192 ACRES — A APPROX. 8,359 I SQ. FT. OF T s T LOT 8 1 JOE BEN EARLY, JR. BLOCK A 1 6016 P RAY BERGLUND 1 M BOULEVARD SUBDIVISION SECTION TWO 1 U S U R (DD/291) 1 1 1 1 4-- 2/26/2025 LOT 7 \\ A <� EARLY LAND LOCK A RAYS BERGLUND \\ <� SURVEYING, LLC BOULEVARD SUBDIVISION \ P.O. BOX 92588 SECTION TWO \ AUSTIN, TX 78709 DRAWING NO.: 1016-002—LA5 (DD/291) \ \`, L4 512-202-8631 SHEET 2 OF 2 \ \ ` TBPELS FIRM NO. 10194487 2026001086 Page 20 of 21 1 I I —J , I I 1"4 l1 ------ -1---- I i I I CITY OF ROUND ROCK 15'P.0 E. r I RIGHT OF WAY/ PROPERTY LINE BACK OF I I I -.11 ELM -I CURB r -# + I UNIT LINE — I I I --� I I BACK OF f o 1 I CURB (I In i t• � -__l r � II 11 � C, I i 14 � PH S - 1 I I w t - co 0 ' E J • UNIT LINE RIGHT OF WAY/ PROPERTY LINE L BACK OF CURB BACK OF CURB ��� CY I I HENNA WAY t lb I RIGHT OF WAY/ PROPERTY LINE \ -1 � � I UNIT LINE L LEGEND PHASE 3 ® ENCROACHMENT AREA NORTH 0 75 150 700 FOR LANDSCAPE AND IRRIGATION Scale 1'=150' SEC Planning,LLC ENCROACHMENT AGREEMENT EXHIBIT A Data February 11.2025 ,a �ram,rry.11n9YawArfhartour ar.r,laa.r:rr" DOUBLE CREEK r •r•r.-[..�s ROUND ROCK.TEXAS nc< I f tsr 2026001086 Page 21 of 21 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2026001086 Pages: 21 Fee: $101.00 01/06/2026 02:10 PM KWEEMS yt wrr`f j. i Nancy E. Rister, County Clerk Williamson County,Texas