R-01-05-10-13D6 - 5/10/2001RESOLUTION NO. R- 01- 05- 10 -13D6
WHEREAS, the City of Round Rock wishes to enter into a Developer
Participation Contract for Public Improvements for Stormwater System
Improvements for Storm Sewer /Drainage ( "Contract ") with DDR DB
Development Ventures, L.P. in connection with the construction of and
cost participation for a storm sewer system as part of the Chisholm
Valley Channel Drainage Improvement Project, and
WHEREAS, the City Council wishes to approve said Contract, 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 Developer Participation Contract for Public
Improvements for Stormwater System Improvements for Storm
Sewer /Drainage with DDR DB Development Ventures, L.P., a copy of said
Contract being attached hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 10th day of May
I,
� 14.1J ' A JL%
E LAND, City Secretary
0,\ RPDOCS \RESOLUTI \R1OS1006.RPD /ec
ROB A. STLUKA, JR.," Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
C:\WPDOCS\ACITY\LaFrontera\dev_agmt_03_29_01.upd
§ KNOW ALL MEN BY THESE PRESENTS:
DEVELOPER PARTICIPATION CONTRACT
FOR PUBLIC IMPROVEMENTS FOR STORMWATER
SYSTEM IMPROVEMENT FOR STORM SEWER/DRAINAGE
This Agreement is made by and among the City of Round Rock (hereinafter referred to as
the "City"), and DDR DB Development Ventures LP, a Texas limited partnership (hereinafter
referred to as "DDR "), in connection with the construction of and cost participation for a storm
sewer system as a part of the Chisholm Valley Channel Drainage Improvement Project:
1. The City and DDR agree to participate in the construction of a storm sewer system
(hereinafter referred to as the "Project ") which will involve the construction of the facilities
described in Exhibit A, attached hereto and made a part of this Agreement for all purposes (the
"Improvements ").
2. DDR has engaged Raymond Chan and Doucet and Associates, Inc. for the
performance of the engineering work in connection with the Project.
3. The City will: (i) obtain public bids for the completion of the construction of the
Improvements, (ii) select a contractor based upon the lowest qualified bid received, and (iii) enter
into a contract for the completion of the construction of the Improvements with the contractor
selected for the amount of such contractor's bid.
4. If the cost of the contract entered into by the City under paragraph 3 above exceeds
$250,000.00, then within thirty (30) days after completion of the Improvements and DDR's receipt
of an invoice therefor, DDR shall pay to the City such excess cost. If the cost of the contract entered
into by the City under paragraph 3 above is less than $250,000.00, then within thirty (30) days after
completion of the Improvements the City will reimburse DDR for engineering fees incurred in
connection with the Project up to the amount that the cost of such contract is less than $250,000.00.
5. As additional consideration to DDR to undertake the obligations set forth herein, the
City hereby waives any obligation on the part of DDR to pay any regional detention fees relating to
any portion of the real property currently owned by DDR that drains into the Project.
6. This Agreement is being executed and delivered, and is to be performed, under the
laws of the State of Texas, and the laws of the State of Texas shall govern the validity, construction,
enforcement and interpretation of this Agreement, unless otherwise specified herein.
1
7. In the event that judicial action is necessary for the interpretation or enforcement of
any of the covenants or conditions contained herein, the City and DDR agree and consent to the
jurisdiction of the District Courts and County Courts at Law of Williamson County, Texas, and of
the United States District Court for the Westem District of Texas (Austin Division), and
acknowledge that such courts shall constitute proper and convenient forums for the resolution of any
actions between the City and DDR with respect to the subject matter hereof, and agree that such
courts shall be the exclusive forums for the resolution of any actions between the City and DDR with
respect to the subject matter hereof.
8. If any provision in this Agreement is held to be illegal, invalid or unenforceable under
present or future laws, other provisions shall not be affected by the illegal, invalid or unenforceable
provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or
unenforceable provision, a provision as similar in terms to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable shall govem.
9. This Agreement sets forth the entire understanding and agreement of the parties. All
other oral Agreements by the parties hereto are hereby merged into this Agreement, which shall not
be amended or altered except by a written document signed by the parties hereto. This Agreement
is separate and distinguishable from and shall not constitute an amendment of, or modification to
any other agreement between the parties.
10. If any action at law or in equity, including an action for declaratory relief, is brought
to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees, costs of court and reasonable costs incurred to maintain such
action, from the other party, which fees may be set by the Court in the trial of such an action or may
be enforced in a separate action brought for that purpose, and which fees shall be in addition to any
other relief which may be awarded.
11. This Agreement shall inure only to the benefit of the parties hereto. No other person
or entity shall be considered as a beneficiary of this Agreement.
12. Notices provided for hereunder shall be directed as follows:
(a) Notices to the City shall be directed to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
C�\ XPOOCS \ACI1Y \]aProntera \dev_agmr 03 29_01.vpd
2
ATTEST:
Joanne Land, City Secretary
CA WPDOC S \ACtir \Larrontera \dev_agmt W 29_O1.Wpd
With a photocopy to:
Director of Public Works
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
(b) Notices to DDR shall be delivered to:
David Berndt
David Berndt Interests, Inc.
5605 North MacArthur Boulevard, Suite 210
Irving, TX 75038
With a photocopy to:
Developers Diversified Realty
3300 Enterprise Parkway
Beachwood, OH 44122
Attn: General Counsel
And to:
Drenner Stuart Wolff Metcalfe von Kreisler, LLP
301 Congress Avenue, Suite 2100
Austin, Texas 78701
Attn: David A. Wolff
13. This Agreement shall be effective upon proper execution by all parties hereto.
CITY OF ROUND ROCK, TEXAS
By:
Robert A. Stulka, Jr., Mayor
Dated: , 2001
3
C.\ WPOOCS\ ACITT\ LaP COntera \dev_agmt_O3_19_P1.wpd
DDR:
DDR DB DEVELOPMENT VENTURES, L.P.
By: DDR DB Opportunity Sub, Inc.,
General Partner
4
By:
Name:
Title:
Dated: , 2001
RAYMOND CHAN & ASSOCIATES, INC.
CONSULTING CI17L ENGINEERS
4319 JAMES CASEY STREET, SUITE 300
AUSTIN, TEYAS 78745
PR. (512) 480 -0155 FAX (512) 480 -8811
&i h; f '
PROJECT:
TITLE:
LA FRONTERA
SECTION I Sr 11 DOWNSTREAM DRAINAGE IMPROVEMENTS
JOB NO. 424 I DATE: 04 -05 -01
SCALE: 1" = 400'
DATE: May 4, 2001
SUBJECT: City Council Meeting —May 10, 2001
ITEM:
13.D.6. Consider a resolution authorizing the Mayor to execute a
Developer Participation Contract for Public Improvements for
Stormwater System Improvement for Storm Sewer/Drainage
with DDR DB Development Ventures, L.P. for the Chisholm
Valley Drainage Channel Improvements. This will improve
the channel directly down stream from La Frontera Detention
Pond including crossings at Yucca, Purple Sage and Old West.
Resource: Jim Nuse, Public Works Director
History: Improve channel directly down stream from La Frontera Detention Pond
including crossings at Yucca, Purple Sage and Old West.
Funding:
Cost:
Source of funds: Regional Stormwater Management Program
Outside Resources: Participation with David Berndt Interest, Inc.
ImpactBenefit: Eliminate possibility of flooding street crossing for 100 year storm
events.
Public Comment: N/A
Sponsor: N/A
.4
VIA HAND DELIVERY
Mr. Stephen L. Sheets
Sheets & Crossfield, PC
309 E. Main Street
Round Rock, TX 78664 -5246
Dear Steve:
Enclosed is a counterpart of the above - referenced Contract, which contains the
original execution of DDR DB Development Ventures LP. Since you sent me only one
original executed by the City of Round Rock, I have kept that originally signed
counterpart and am forwarding it herewith to my client.
DAW /cjg
Enclosure
August 21, 2001
RE: Chisholm Valley Channel Drainage Improvement Project Developer
Participation Contract for Public Improvements for Stormwater System
Improvement for Storm Sewer/Drainage
Please feel free to call should you have any questions regarding this matter.
Sincerely,
avid A. Wolff
cc: Mr. David Berndt (w /original counterpart via overnight courier)
Mr. Kirk Pearson (w /encl. via facsimile)
GK 0a.,n3DAWSmanug AG.. non.GoR0LTR SneaUCono-utda
DRENNER STUART WOLFF METCALFE VON KREISLER, LLP
301 Congress Avenue • Suae 2100 • Austin, Texas 78701 •512.344.3800 • (Fax) 512.404.2244
DAVID A. WOLFF
512.404.2207
daw @lawdsw.com
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ KNOW ALL MEN BY THESE PRESENTS:
DEVELOPER PARTICIPATION CONTRACT
FOR PUBLIC IMPROVEMENTS FOR STORMWATER
SYSTEM IMPROVEMENT FOR STORM SEWER/DRAINAGE
This Agreement is made by and among the City of Round Rock (hereinafter referred to as
the "City "), and DDR DB Development Ventures LP, a Texas limited partnership (hereinafter
referred to as "DDR "), in connection with the construction of and cost participation for a storm
sewer system as a part of the Chisholm Valley Channel Drainage Improvement Project:
1. The City and DDR agree to participate in the construction of a storm sewer system
(hereinafter referred to as the "Project ") which will involve the construction of the facilities
described in Exhibit A, attached hereto and made a part of this Agreement for all purposes (the
"Improvements ").
2. DDR has engaged Raymond Chan and Doucet and Associates, Inc. for the
performance of the engineering work in connection with the Project.
3. The City will: (i) obtain public bids for the completion of the construction of the
Improvements, (ii) select a contractor based upon the lowest qualified bid received, and (iii) enter
into a contract for the completion of the construction of the Improvements with the contractor
selected for the amount of such contractor's bid.
4. If the cost of the contract entered into by the City under paragraph 3 above exceeds
$250,000.00, then within thirty (30) days after completion of the Improvements and DDR's receipt
of an invoice therefor, DDR shall pay to the City such excess cost. If the cost of the contract entered
into by the City under paragraph 3 above is less than $250,000.00, then within thirty (30) days after
completion of the Improvements the City will reimburse DDR for engineering fees incurred in
connection with the Project up to the amount that the cost of such contract is less than $250,000.00.
5. As additional consideration to DDR to undertake the obligations set forth herein, the
City hereby waives any obligation on the part of DDR to pay any regional detention fees relating to
any portion of the real property currently owned by DDR that drains into the Project.
6. This Agreement is being executed and delivered, and is to be performed, under the
laws of the State of Texas, and the laws of the State of Texas shall govern the validity, construction,
enforcement and interpretation of this Agreement, unless otherwise specified herein.
CI\ WP DOC+\ ACITY \Laezon[exa \dev_agm[_0]_]9 OL.vpd
/- 0/- 05 -10 -/3
1
7. In the event that judicial action is necessary for the interpretation or enforcement of
any of the covenants or conditions contained herein, the City and DDR agree and consent to the
jurisdiction of the District Courts and County Courts at Law of Williamson County, Texas, and of
the United States District Court for the Westem District of Texas (Austin Division), and
acknowledge that such courts shall constitute proper and convenient forums for the resolution of any
actions between the City and DDR with respect to the subject matter hereof, and agree that such
courts shall be the exclusive forums for the resolution of any actions between the City and DDR with
respect to the subject matter hereof.
8. If any provision in this Agreement is held to be illegal, invalid or unenforceable under
present or future laws, other provisions shall not be affected by the illegal, invalid or unenforceable
provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or
unenforceable provision, a provision as similar in terms to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable shall govern.
9. This Agreement sets forth the entire understanding and agreement of the parties. All
other oral Agreements by the parties hereto are hereby merged into this Agreement, which shall not
be amended or altered except by a written document signed by the parties hereto. This Agreement
is separate and distinguishable from and shall not constitute an amendment of, or modification to
any other agreement between the parties.
10. If any action at law or in equity, including an action for declaratory relief, is brought
to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to
recover reasonable attomey's fees, costs of court and reasonable costs incurred to maintain such
action, from the other party, which fees may be set by the Court in the trial of such an action or may
be enforced in a separate action brought for that purpose, and which fees shall be in addition to any
other relief which may be awarded.
11. This Agreement shall inure only to the benefit of the parties hereto. No other person
or entity shall be considered as a beneficiary of this Agreement.
12. Notices provided for hereunder shall be directed as follows:
(a) Notices to the City shall be directed to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
Ca \WPDOCS\ACITY \LaPron[ era \dev_agmt_03_ 01.vpd
2
ATTEST:
(b)
e Land, City Secretary
CAWPDOCS\ ACITY \LaFrontera \dev_a9mt_03_ D1.vpd
With a photocopy to:
Director of Public Works
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
Notices to DDR shall be delivered to:
David Berndt
David Bemdt Interests, Inc.
5605 North MacArthur Boulevard, Suite 210
Irving, TX 75038
With a photocopy to:
Developers Diversified Realty
3300 Enterprise Parkway
Beachwood, OH 44122
Attn: General Counsel
And to:
Drenner Stuart Wolff Metcalfe von Kreisler, LLP
301 Congress Avenue, Suite 2100
Austin, Texas 78701
Attn: David A. Wolff
13. This Agreement shall be effective upon proper execution by all parties hereto.
CITY OF ROUND ROCK, TEXAS
By. i.T /. JO
Robert A. Stulka, Jr., Mayor
Dated: 5-JO , 2001
3
DDR:
C: \Client \Berndt.DAW \Sma111ng Acquisition \DOWNDRA7.doc
DDR DB DEVELOPMENT VENTURES, L.P.,
a Texas limited partnership
By: Retail Value Investment Program Limited Partnership
IIIA, its general partner
By: Coventry Round Rock LLC,
its general partner
By: Coventry Real Estate Partners, Ltd.,
its sole member
By:
Name:
Title:
111 6,1„,..„.„,„ c 1; 6 „,„
Jan . All
Dated: Q u Cr- / '9,
4
p a 1 11
Vice President
2001
13:1 r � ►lt1YiA � '� �'Y M1Y
� ,rt ' 1 mi mid
RAYMOND CHAN & ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
4319 JAMES CASEY STREET . SUITE 300
AUSTIN, TEXAS 78745
541 (512) 480 -8155 FAX (512) 480 -8811
Cxl,:b//
PROJECT:
TITLE:
JOB NO. 424
DATE: 04 -05 -01
LA FRONTERA
SECTION I & II DOWNSTREAM DRAINAGE IMPROVEMENTS
SCALE: 1" = 400'
� TRV 2cm1143215 G-[.OF POUND CCUC-
- - - -- J ZZl 6 MAIN
onek
DECLARATION OF ACCESS EASEMENT ( 9" UI � J p 'w — ` 'l(a)coco4.
THIS DECLARATION OF ACCESS EASEMENT (this "Declaration ") is made as of the '5
day of Ik u qu s , 2001, by DDR DB OUTLOT II LP, a Texas limited partnership
( "DDR "). J
ARTICLE I
Basis For Declaration
The following facts are correct and form the basis of this Declaration.
RECEIVED SEP 0 5 2001
1.1 DDR is the owner of Lot 1, Block A, of the Replat of Lot 4, IC2 SUBDIVISION AND
LOT 3, BLOCK A, REPLAT OF FARMERS INSURANCE TRACT SECTION THREE, a
subdivision in Travis County, Texas, according to the map or plat thereof recorded in Document No.
of the Official Public Records of Travis County, Texas ( "Lot 1 ").
1.2 DDR is the owner of Lot 2, Block A, of the Replat of Lot 4, K2 SUBDIVISION AND
LOT 3, BLOCK A, REPLAT OF FARMERS INSURANCE TRACT SECTION THREE, a
subdivision in Travis County, Texas, according to the map or plat thereof recorded in Document No.
of the,Official Public Records of Travis County, Texas ( "Lot 2 ").
1.3 DDR is the owner of Lot 3A, Block A, of the Replat of Lot 4, K2 SUBDIVISION
AND LOT 3, BLOCK A, REPLAT OF FARMERS INSURANCE TRACT SECTION THREE, a
subdivision in Travis County, Texas, according to the map or plat thereofrecorded in Document No.
of the Official Public Records of Travis County, Texas ( "Lot 3A ") (Lot 1,
Lot 2 and Lot 3A are sometimes collectively referred to herein as the "Project ").
1.4 DDR desires to grant reciprocal access easements onto, over and across the Project,
for the benefit of Lot 1, Lot 2 and Lot 3A, respectively, in accordance with the terms and conditions
described below.
NOW, THEREFORE, for Ten and No /100 Dollars ($10.00), the rights and obligations
hereunder, and other good and valuable consideration, the receipt and sufficiency is hereby
acknowledged by the parties, DDR hereby declares as follows:
2.1 Description of Easement. DDR hereby grants and creates, for the limited purposes
and use set forth herein, a non - exclusive perpetual access easement (the "Reciprocal Access
Easement "), in, to and across the improved driveway surface to be located on the Project within the
area described on Exhibit "A" attached hereto and as shown by crosshatching and denoted as the
"Reciprocal Access Easement" on Exhibit "B" attached hereto for the purpose of vehicular ingress
and egress from and to Lot 1, Lot 2 and Lot 3A to and from adjacent public and private roads and
driveways.
G U1&ipBERNDT onwFARAaRSMESfmmTImoni ACCESS EASEhen llo c
ARTICLE II
Reciprocal Access Easement
2.2 Usage of Reciprocal Access Easement. The Reciprocal Access Easement shall be
interpreted to permit usage thereof in common with others on a non - exclusive basis by (a) each
owner of any portion of the Project (individually, an "Owner," and collectively, the "Owners "), (b)
the successors and assigns of each Owner, and (c) the tenants, subtenants, agents, employees,
contractors invitees and guests of each Owner and their respective successors and assigns (the parties
described in this Section 2.2, collectively referred to herein as, the "Reciprocal Access Easement
Beneficiaries ").
• 2.3 No Obstruction; Compliance with Laws. No Owner shall permit any material change
to the portion of the Reciprocal Access Easement located on its lot. In using the Reciprocal Access
Easement, the Reciprocal Access Easement Beneficiaries shall comply with all applicable laws,
codes, ordinances and governmental regulations.
ARTICLE III
Design, Construction and Maintenance
3.1 Easement Design, Construction and Maintenance. The Owner of Lot 3A shall design,
construct and maintain the Reciprocal Access Easement at its own cost and expense. In the event the
Owners of Lot 1 and/or Lot 2 require construction of the Reciprocal Access Easement that the Owner
of Lot 3A is obligated to construct pursuant to the foregoing provisions of this Section 3.1, the
Owner desiring such construction may enter onto Lot 3A and construct all or any portion of such
easement area in accordance herewith, at the constructing Owner's sole cost and expense.
3.2 Standards of Construction. All such construction, installation, maintenance and repair
performed pursuant to this Article III shall (i) be done in a good and workmanlike manner, (ii) be in
compliance with all applicable laws, statutes, ordinances, codes, rules and regulations of any
applicable governmental authority; and (iii) be completed such that the results of the construction,
installation, maintenance and repair of the driveway in the Reciprocal Access Easement shall be ofa
standard of durability found in first class shopping centers in the Austin, Texas metropolitan area.
ARTICLE IV
Modification and Cancellation
This Declaration maybe modified or canceled only by written Declaration signed by all then
existing Owners of the Project.
G 1.11 T9ra "or unw3Vnw.ffRSDESTellnnmonr ACCESS EASEMENT DOC
ARTICLE V
General Provisions
5.1 Headings. The headings herein are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope of intent of this document nor in anyway
affect the terms and provisions hereof.
5.2 Easement Not Exclusive. The Reciprocal Access Easement is not exclusive, and the
Owners hereby reserve the right to grant such other easements, rights or privileges to such persons
and for such purposes as either may determine in its sole discretion, so long as such purposes do not
unreasonably interfere with the easements described in this Declaration.
5.3 Attorney's Fees. Should any party that benefits from this Declaration file a suit to
enforce the provisions hereof, the prevailing party shall be able to recover from the non - prevailing
party all attorney's fees and costs incurred in such suit.
b, NTHEANDT UAMFARN RSTESIBUI1iIIXOAT ACCESS EASMENTWC
[[Signature Page Follows]]
3
[[Signature Page to Declaration of Access Easement]]
EXECUTED as of the date first written above.
DDR
DDR DB OUTLOT 11 LP, a Texas limited partnership
STATE OF TEXAS
COUNTY OF 1:›
P ease re dbcumt4k �v
By: David Bemdt Interests, Inc., a Texas
corporation, its General partner
G`UIFNTBENOTDMWAR ERSBESreuvlHROATAcLSSUSENENT DOC
f
c� 'tal�� ✓& Kreltilex
S�-e, 21 bb
4
By:
David P. Bqrn . President
This instrument was acknowledged before me on A u u s t 15 , 2001,
by David P. Berndt, President of David Bemdt Interests, Inc., a 'T xas corporation, general partner of
DDR DB OUTLOT II LP, a Texas limited part�nershi , on behalf of said corporation and said limited
partnership.
5 4::'
Notary Public in and for the State of Texas
GlAJELDDFJWDTDOMARFOLrDESTBIM IBLO AQFSS CASEMEM DOC
EXHIBIT "A"
Description of the Reciprocal Access Easement
- See attached metes and bounds description -
0.312 Acre Tract
50' Access Easement
DESCRIPTION
FOR A 0.312 ACRE (13,576 SQUARE FOOT) TRACT OF LAND SITUATED IN THE
A. SPREECHER SURVEY NO. 101, ABSTRACT NO. 719, IN TRAVIS COUNTY, TEXAS,
BEING A PORTION OF LOT 3, BLOCK A, REPLAT OF FARMERS INSURANCE TRACT
SECTION THREE, A SUBDIVISION RECORDED IN DOCUMENT NO. 200100192 OF SAID
OFFICIAL PUBLIC RECORDS, SAID 0.312 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING FOR REFERENCE at a capped ' A' iron rod set on the northeasterly comer of
Lot 1, Block A, of said Subdivision. same being a northwesterly corner of said Lot 3, same being
on the southerly right -of -way line of F. M. 1325 (right -of -way width varies), thence with a
westerly line of said Lot 3, same being the easterly line of said Lot 1, S 00° 08' 08" E for a
distance of 44.33 feet to the northwesterly corner and POINT OF BEGINNING hereof;
THENCE through the interior of said Lot 3, N 89° 21' 02" E for a distance of 50.00 feet to an
easterly line of said Lot 3, same being the westerly line of Lot 2, Block A, of said Subdivision,
same being the northeasterly corner hereof, from which a capped 'A" iron rod set on the
northwesterly comer of said Lot 2 bears, N 00° 08' 08" W for a distance of 46.50 feet;
THENCE with said easterly line of Lot 3, same being said westerly line of Lott, S 00° 08' 08" E
for a distance of 271.80 feet to a capped 'A" iron rod set on the southwesterly comer of said Lot 2,
same being an interior ell comer of said Lot 3, same being the southeasterly corner hereof;
THENCE through the interior of said Lot 3, S 90° 00' 00" W for a distance of 50.00 feet to a
capped'''/" iron rod set on the southeasterly corner of said Lot 1, same being an interior ell comer
of said Lot 3, same being the southwesterly corner hereof;
THENCE with a westerly line of said Lot 3, same being the easterly line of said Lot 1,
N 00° 08' 08" W for a distance of 271.23 feet to the POINT OF BEGINNING hereof and
containing 0.312 acres of land.
Surveyed under the direct supervision of the undersigned:
1
ti
Donald 1. Kirby
Registered Profession 1 Land Surveyor No. 250
BAKER - AICKLEN & ASSOCIATES, INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
(512) 244-9620
Job No.: 1196- 701 -20 File Name. W:\PROJECTSIFARMER\FINAL IC2\MB- K2.doc
bIPTBERHOTDAWARTSFA SH6Ie1MTROAT AC'OSS EASEMENT WC
EXHIBIT "B"
Depiction of Reciprocal Access Easement
- See attached site plan -
LOT 4C,
BLOCK A
0.12 ACRE
ESERVED FOR R.O.W.
4.75'
3'
ME\
-w
1' 4A, o
7CK A
i ACRE
11 USE
G.
0' W D O
GESS pT 663967
0 . 20x0
�` y� 24' l0 E
15+��
80'3979° E 143.00'
LOT 1, BLOCK .4 0
REPLAT OF FARMERS m
vn r INSURANCE TRACT
a SECT10!d THREE
1 1' DOC. NO. 200100192
LOT 4B,
BLOCK A
1.69 ACRE
N 90 °00'00" E 179.96'
10'
10
NI O
Exhibit `‘8
F. 11. 1325
(120' R.O.W. VARIES)
N 86 °52'00" E
1.
•
J
157.1'
r1 N 90 °0000° E `�
0 244.86'
N 90 ° 00'00" E
90.59'
,
0
0
0
0
IE
IN
I
1
tie
l7
ay 1
m
m 5
N
O
w
•
•
•
N 90 ° 00'00' E 221.09'
25' P.U.E.
N 90 ° 00'00" W 269.53' 7 ro
LOT 3A,
BLOCK A
4.94 ACRES
pF \ A
4 *la ' g SF�
<3 Aq F NT \
[.2
/s
•
0 /
v ry
•S8 \ \ 2
50.07'
O
LOT 3B,
BLOCK A
0.05 ACRE
RESERVED FOR R.O.W.
LOT 2, BLOCK .4
REPLAT OF FARMERS
INSURANCE TRACT
SECTION THREE
DOC. HO. 200100192
4/
w
Reciprocal
Access
Easement
i �
/ S 8 2 8 0 merEL Y
TO SU RV E Y 4'R
m
FARMERS
SI
ROOK
Recorders Memorandum -At the time of recordation
this instrument was found to be inadequate for the best
reproduction, because of illegibility, carbon or
photocopy, discolored paper, etc. All blockouts;
additions and changes were present at the time the
instrument was filed and recorded.
FILE® AN RECORDED -`
OFFICIAL PUBLIC RECORDS
tee 44,- - mac e
08 -24 -2001 02 :26 PM 2001143215
$25
DANA DEBEAUVOIRV 00
TRAVIS COUNTY, N TCOU NTY CLERK
Y, TEXAS