R-85-729 - 5/23/1985RESOLUTION NO. 7:
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WHEREAS, certain Landowners own property within an area located
in the southeast portion of Round Rock's requested service area, and
WHEREAS, the area in question does not presently have access to
any municipal water and wastewater treatment service, and
WHEREAS, a study performed by the engineering firm of Haynie &
Kallman, Inc. has determined that in order for the area to have
access to the City's Water 'and Wastewater System, certain
improvements must be constructed, and
WHEREAS, Haynie &Kallman estimate that the cost of constructing
said improvements is $3,411,453.00 for the water system and
$1,453,938.00 for the wastewater system, and
WHEREAS, the City does not have current funds available for the
construction of said improvements, and
WHEREAS, in order to construct the needed improvements on a
timely basis, the Landowners have entered into a contract to jointly
finance the construction of the improvements, and to contract with
the City to administer the construction of the improvements, and
WHEREAS, the City Council wishes to approve said contract, Now
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, THAT:
The Mayor is hereby authorized and directed to execute on behalf
of the City contracts with the Landowners to administer the
construction of the needed water and wastewater improvement. -
RESOLVED this 23rd day of May, 1985.
ATTEST:
T9CITYF
LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock
STATE OF TEXAS
SOUTHEAST ROUND ROCK WASTEWATER SERVICE AGREEMENT
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this day
of , 1985, by and between the City of Round
Rock, Texas ( "City ") and Round Rock County Road 170 Ltd., Round
Rock Industrial Park, a Texas General Partnership, John Lloyd
Development, Gensie Burnett Hemphill and Holly Hemphill Cramerus,
Charles D. Becker, Trustee, North University Business Park Joint
Venture, Ernest Lawrence, James K. Eichleberger, Jr., DeDear
Company, a Texas General Partnership, Topletz Development Co., Glen
C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife,
Louann Elizabeth Davidson, ( "Landowners ").
Recitals
WHEREAS, Landowners own 1,121.4487 acres of land out of a total
of approximately 2,000 acres contained in an area generally
southeast of the City's limits, said area being designated as the
"Study Area in Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have access to any
municipal wastewater service, and
WHEREAS, a study performed by the engineering firm of Haynie &
Kallman, Inc. has determined that in order for the Study Area to
have access to City's wastewater system, certain improvements
consisting of a major wastewater line must be constructed, and
WHEREAS, Haynie & Kallman, Inc. estimate that the cost of
constructing said improvements is $1,453,938.00, and estimate that
the completion date will be September, 1986, and
WHEREAS, the City does not have current funds available for the
construction of said improvements, and
WHEREAS, in order to construct the needed improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Landowners wish
to jointly finance the construction of the improvements, and to
contract with the City to administer the construction of the
improvements, Now Therefore, It is Agreed That:
Landowners own the number of acres within the Study Area as
indicated below:
JWSTAGRT
I .
MORE
PARTICULARLY
DESCRIBED IN
NAME NUMBER OF ACRES EXHIBIT
1. Round Rock County Road
170 Ltd. 83.646
2. Round Rock Industrial Park 142.91
3. John Lloyd Development 117.50
4. John Lloyd Development 49.00
5. Gensie Burnett Hemphill
and Holly Hemphill Cramerus 196.97
6. Charles D. Becker, Trustee 41.9487 "G"
7. North University Business
Park Joint Venture 100.00
8. Ernest Lawrence 124.00
9. James R. Eichleberger, Jr. 100.09
10. DeDear Company 59.178
11. Topletz Development Co. 68.825
12. Glen C. Anderson, Trustee 26.841
13. Elmer Beese 5.35
14. Thomas Joel Davidson and
wife, Louann Elizabeth
Davidson 5.19 "0"
NAME
1. Round Rock County Road
170 Ltd.
II.
The capacity of the wastewater line to be constructed shall be
measured in terms of Living Unit Equivalents (LUE's). A LUE is
defined as that unit of development which produces the same peak
wet weather flow as is produced by a detached single family
dwelling unit. For the purpose of this agreement an LUE is deemed
to produce a peak wet weather flow of 350 gallons per day of
wastewater. Landowners agree to reserve for their respective tracts
of land and the City agrees to provide the number of LUE's in the
line as indicated below:
2.
NE's
526
2. Round Rock Industrial Park 715
3. John Lloyd Development (117.5 acres) 150
4. John Lloyd Development (49 acres) 640
5. Gensie Burnett Hemphill and
Holly Hemphill Cramerus 960
6. Charles D. Becker, Trustee 251
7. North University Business
Park Joint Venture 450
8. Ernest Lawrence 460
9. James R. Eichleberger, Jr. 500
10. DeDear Company 200
11. Topletz Development Co. 252
12. Glen C. Anderson, Trustee 275
13. Elmer Beese 25
14. Thomas Joel Davidson and wife,
Louann Elizabeth Davidson 25
"H"
"
"R"
" L "
" M "
"N"
The number of LUE's for residential uses shall be determined as
follows:
TYPE OF
RESIDENTIAL UNIT
NUMBER OF
LUE's
Single Family Detached 1.0
Duplex 0.9 per unit
Tri -plex, four -plex and
multi- family 0.7 per unit
The number of LUE's for commercial and industrial use shall be
determined in accordance with the following formula:
Building Area X 6 X Land Area in Acres = LUE's
Land Area
As used herein the term "Building Area" includes only the
footprint of each commercial /industrial building and does not
include driveways, walkways, etc.
Landowners shall be entitled to allocate their LUEs to their
respective tracts, or any portion thereof, as they deem advisable.
In the event of transfer of any respective tract, or any portion
thereof, the City, unless notified as set forth hereinafter, may
deem that a pro rata number of LUEs are transferred with the
conveyed property in accordance with the ratio between the area of
the conveyed property to the total area of the property of the
Landowner owning such property at the inception of this Agreement.
Provided, however, any Landowner may designate in writing to the
City the amount of LUEs transferred with the conveyance of any
tract of any portion thereof.
Landowners shall not be permitted to transfer or assign their
right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof;
2. To any other Landowner;
3. To any property not described in the Exhibits hereto,
provided such property shall be (i) adjacent and abutting
to property described in the Exhibits hereto and (ii)
owned by a Landowner who retains ownership of the adjacent
and abutting property described in the Exhibits hereto.
As stated above, the estimated cost of the improvements
including ten percent (10%) for engineering fees and ten percent
(10%) for unforeseen contingencies is $1,453,938.00. In addition,
the City shall be entitled to a fee of $10,000.00 for administering
this contract, for a total estimated project cost of $1,463,938.00.
The administrative fee shall include all expenses and fees of the
City Attorney, City Engineer and other members of the City Staff
for negotiating, bidding and administering the project and
construction of the facilities contemplated herein. This fee is not
in lieu of any development fees required by ordinance for the
actual development of Landowners' property.
IV.
Each Landowner agrees to pay their share of the total project
cost as estimated in Appendix I, which amount is equal to certain
3.
onsite costs attributable to each tract plus their pro rata share
of the remaining cost. The Landowner's share of said remaining
costs shall be equal to the percentage that each Landowner's number
of reserved LUE's bears to the total number of LUE's reserved by
all Landowners. The total amount due from each Landowner is
hereinafter referred to as Landowner's "pro rata share."
Upon execution of this Agreement by each Landowner, said
Landowner shall deposit with the City Finance Director cash or
certified funds in an amount equal to ten percent (10%) of the
Landowner's pro rata share of the estimated project cost, which
amount shall be used for design, engineering, and payment to the
City of its administrative charge. Within ten (10) days of
receiving notice from the City that the Mayor has executed this
Agreement, each Landowner shall deposit with the City an
irrevocable letter of credit in the amount of the remainder of each
Landowner's pro rata share issued by a financial institution whose
principal office is within the State of Texas, in the form attached
to this Agreement as Exhibit "P ".
The City Engineer and the engineering firm of Haynie & Kallman
shall immediately proceed to design the necessary improvements to
the City water /wastewater system to provide line capacity to the
Landowners property in the number of LUEs reserved. The City, upon
receipt of satisfactory design plans and specifications, shall
immediately cause the project to be bid in accordance with normal
City procedures.
In the event the amount of the bid which the City deems best
and acceptable is less than or equal to the total estimated project
costs as set forth in Section III plus ten percent (10 %), then in
such event, each Landowner agrees to pay his pro rata share of the
total actual project cost including any increase. In the event of
any increase, each Landowner agrees to provide a substitute letter
of credit in the appropriate adjusted amount within ten (10) days
upon receipt of written request from the City. In the event the
acceptable bid exceeds the total estimated project cost by more
than ten percent (10%), the City and Landowner shall meet as soon
as possible to discuss alternatives to the acceptable bid. Any
Landowner shall have the option to withdraw from the Agreement
within ten (10) days from the date of such agreement meeting.
Failure of any Landowner to provide notice to the City in writing
of their intent to withdraw within such ten (10) day period shall
be deemed to be such Landowners agreement to pay his pro rata share
of the total actual project cost, including any increase. Each
Landowner shall provide a substitute letter of credit in the
appropriate adjusted amount within ten (10) days after receipt of
written request from the City, which request shall not be sent
until after the meeting described above has taken place. In the
event any Landowner takes the requisite action required hereunder
to withdraw from the Agreement, such Landowner's liability
hereunder shall immediately terminate and shall be returned its
letter of credit, undrawn, marked on its face "Cancelled ", but
shall not receive any refund of the cash monies previously
deposited with the City.
In the event the acceptable bid is less than the total
estimated project cost as set forth in Section III above, then in
such event, each Landowner shall be entitled to substitute their
respective letter of credit with an identical letter of credit in
an adjusted amount equal to the pro rata share of such Landowner in
the acceptable bid plus ten percent (10%) contingency. In the event
there are cost savings during the term of the construction of the
improvements contemplated hereunder, upon completion of the
improvements and their acceptance by the City, any remaining cash
funds plus interest thereon held by the City Finance Director in
4.
the account set forth pursuant to Section V hereof, shall be
refunded to the Landowners pro rata in accordance with their
respective contribution to the total project cost.
V .
The City agrees that all funds received by the City pursuant to
the terms of this contract shall be held by the City in a separate
interest bearing account and with the exception of the
administrative fee, shall not be spent for any purpose other than
for costs directly associated with the design and construction of
the improvements contemplated herein. The account shall be
administered by the City Finance Director in accordance with his
standard practices regarding City Funds so as to obtain the maximum
practical level of interest consistent with other City deposits.
VI.
It is contemplated that in the future other landowners and /or
developers of other land within the Study Area may seek to reserve
capacity in or connect to the wastewater improvements. As
reservations or actual connections are made, the City agrees to
reimburse Landowners the amount of $128.00 per LUE to be served
plus interest on said amount at the rate of twelve percent (12 %)
per annum from date of this contract. (The foregoing reimbursement
amount is subject to adjustment based on the actual project cost.)
The LUE fee shall be charged to subsequent users at the time their
subdivision plat is filed with the City or when an application is
made for wastewater service, whichever first occurs. The
reimbursement shall be made to Landowners on the same prorata basis
as their respective contributions. Such reimbursements shall be
made on a semi - annual basis on or about January 10 and July 10 of
each calendar year. Pursuant to Chapter 8, Sec. 6.R.(10)(c), Code
of Ordinances, City of Round Rock, the obligation of the City to
reimburse costs shall absolutely terminate five (5) years from date
of this contract.
VII.
Landowners understand that the actual placement of the
wastewater line will result in some tracts being crossed by the
line and some tracts not having immediate access to the line. The
landowners who own tracts actually crossed by the line agree to
grant to the City at no cost, reasonable easements for the
placement, construction, maintenance and repair of the line.
Landowners also agree to grant to the City at no additional
cost reasonably required easements for the placement, construction,
maintenance and repair of any "feeder" lines to provide wastewater
service to outlying tracts. While every attempt will be made to
locate the required easements along property lines and other
locations most convenient to Landowners, it is understood this is
not always possible. It is agreed that the final determination of
the best location for the easements will be made by the City in
conjunction with Haynie & Rallman, Inc.
VI
It is understood and agreed by Landowners that at the present
time the city does not have the actual major interceptor and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Study Area in particular. In
anticipation of significant growth, the City has adopted a five
year Capital Improvement Program which includes expansion of the
collection system and treatment plant capacity, which is currently
expected to be in operation sometime in 1987. However, due to
5 .
circumstances beyond the control of the City and which are not
presently contemplated by the parties, the necessary collection
system and plant expansion might be delayed or even cancelled.
Accordingly, while Landowners have reserved capacity in the
wastewater line contemplated herein, no capacity in the existing or
future treatment plants is being reserved. Available capacity in
the treatment plant(s) will be allocated to users in the entire
service area on a "first come - first served" basis as wastewater
service is actually needed.
IX.
Landowners understand that the improvements shall be and remain
the sole property of City and that Landowners shall have no
ownership interest whatsoever in the improvements, whether during
construction or upon final completion.
X.
It is understood and agreed by Landowners that the City Council
has adopted a policy that generally requires that property be
annexed to the City before utility services are provided, and that
this contract shall in no manner be construed as altering or
amending that policy and that annexation will probably be required
before the property is actually served with utilities. However for
those tracts which are currently, or may become, outside the
extraterritorial jurisdiction of the City, the City does agree that
they will not be refused service merely for the reason that they
cannot be annexed to the City.
XI.
This contract shall not be construed to exempt Landowners from
the payment of any development, service, or permit fee otherwise
required by ordinances of the City.
XII.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any. litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees and
costs.
C. This contract shall be binding upon and inure to the benefit
of the parties hereto and their respective legal representatives,
successors and assigns where permitted by this agreement.
D. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and
this contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
E. This contract constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the within
subject matter.
6.
F. This contract is executed in multiple originals on the dates
indicated beside each signature and shall be effective as of the
date executed by the Mayor of Round Rock.
G. This contract shall not become effective unless executed by
all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the City to the party depositing same.
ATTEST:
5.
CITY OF ROUND ROCK
By:
Mike Robinson, Mayor (date)
Joanne Land, City Secretary
LANDOWNERS:
1. ROUND ROCK COUNTY ROAD 170, LTD.
By:
Robert S. Swinney, (date)
General Partner
By:
Stephen L. Tebo, (date)
General Partner
2. ROUND ROCK INDUSTRIAL PARK
By:
General Partner (date)
By:
General Partner (date)
By:
General Partner (date)
3. JOHN LLOYD DEVELOPMENT
By:
John Lloyd (date)
4.
GENSIE BURNETT HEMPHILL (date)
HOLLY HEMPHILL CRAMERUS (date)
CHARLES D. BECKER, Trustee (date)
7 .
6. North University Business Park
Joint Venture
8.
By: Southwest Rathgeber Co.
(joint venturer)
By:
Edward R. Rathgeber,President (date)
and
By: 1325 Incorporate (joint venturer)
By:
Max Kugler, President (date)
7.
Ernest Lawrence (date)
JAMES K. EICHLEBERGER, JR. (date)
9. DeDEAR COMPANY,
A Texas General Partnership
By:
Barry D. Kendrick, (date)
General Partner
10. Topletz Development Co.
Steve Topletz, President (date)
11.
GLEN C. ANDERSON, Trustee (date)
12.
ELMER BEESE (date)
13.
THOMAS JOEL DAVIDSON (date)
LOUANN ELIZABETH DAVIDSON (date)
By:
8 .
SOUTHEAST ROUND ROCK WATER SERVICE AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this day
of , 1985, by and between the City of Round
Rock, Texas ( "City ") and Round Rock County Road 170 Ltd., Round
Rock Industrial Park, a Texas General Partnership, John Lloyd
Development, Gensie Burnett Hemphill and Holly Hemphill Cramerus,
Charles D. Becker, Trustee, North University Business Park Joint
Venture, Ernest Lawrence, James K. Eichleberger, Jr., DeDear
Company, a Texas General Partnership, Topletz Development Co., Glen
C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife,
Louann Elizabeth Davidson, ( "Landowners ").
Recitals
WHEREAS, Landowners own 1,121.4487 acres of land out of a total
of approximately 2,000 acres contained in an area generally
southeast of the City's limits, said area being designated as the
"Study Area" in Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have access to any
municipal water service, and
WHEREAS, a study performed by the engineering firm of Haynie &
Kallman, Inc. has determined that in order for the Study Area to
have access to City's water system, certain improvements consisting
of a water storage tank, booster pump station and transmission
lines must be constructed, and
WHEREAS, Haynie & Kallman, Inc. estimate that the cost of
constructing said improvements is $3,411,453.00, and estimate that
the completion date will be September 1986, and
WHEREAS, the City does not have current funds available for the
construction of said improvements, and
WHEREAS, in order to construct the needed improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Landowners wish
to jointly finance the construction of the improvements, and to
contract with the City to administer the construction of the
improvements, Now Therefore, It is Agreed That:
Landowners own the number of acres within the Study Area as
indicated below:
NAME
MORE
PARTICULARLY
DESCRIBED IN
NUMBER OF ACRES EXHIBIT
JWATERAG
I
1. Round Rock County Road
170 Ltd. 83.646 "B"
2. Round Rock Industrial Park 142.91 "C"
3. John Lloyd Development 117.50 "D"
4. John Lloyd Development 49.00 "E"
5. Gensie Burnett Hemphill
and Holly Hemphill Cramerus 196.97 "F"
6. Charles D. Becker, Trustee 41.9487
7. North University Business
Park Joint Venture 100.00
8. Ernest Lawrence 124.00
9. James R. Eichleberger, Jr. 100.60
10. DeDear Company 59.178
11. Topletz Development Co. 68.825
12. Glen C. Anderson, Trustee 26.841
13. Elmer Beese 5.35
14. Thomas Joel Davidson and
wife, Louann Elizabeth
Davidson
II.
5.19
n
nHn
"I"
nJn
nRn
"M"
"
"
The capacity of the water system improvements to be constructed
shall be measured in terms of Living Unit Equivalents ( LUE's). A
LUE is defined as that unit of development which consumes the same
amount of water as is consumed by a detached single family dwelling
unit. For the purpose of this agreement an LUE is deemed to consume
1440 gallons per day of water. Landowners agree to reserve for
their respective tracts of land and the City agrees to provide the
number of LUE's in the improvements as indicated below:
NAME LUE's
1. Round Rock County Road
170 Ltd. 526
2. Round Rock Industrial Park 715
3. John Lloyd Development (117.5 acres) 150
4. John Lloyd Development (49 acres) 640
5. Gensie Burnett Hemphill and
Holly Hemphill Cramerus 960
6. Charles D. Becker, Trustee • 251
7. North University Business
Park Joint Venture 450
8. Ernest Lawrence 460
9. James R. Eichleberger, Jr. 500
10. DeDear Company 200
11. Topletz Development Co. 252
12. Glen C. Anderson, Trustee 275
13. Elmer Beese 25
14. Thomas Joel Davidson and wife,
Louann Elizabeth Davidson 25
2.
The number of LUE's for residential uses shall be determined as
follows:
TYPE OF
RESIDENTIAL UNIT
NUMBER OF
LUE's
Single Family Detached 1.0
Duplex 0.9 per unit
Tri -plex, four -plex and
multi- family 0.7 per unit
The number of LUE's for commercial and industrial use shall be
determined in accordance with the following formula:
Building Area X 6 X Land Area in Acres = LUE's
Land Area
As used herein the term "Building Area" includes only the
footprint of each commercial /industrial building and does not
include driveways, walkways, etc.
Landowners shall be entitled to allocate their LUEs to their
respective tracts, or any portion thereof, as they deem advisable.
In the event of transfer of any respective tract, or any portion
thereof, the City, unless notified as set forth hereinafter, may
deem that a pro rata number of LUEs are transferred with the
conveyed property in accordance with the ratio between the area of
the conveyed property to the total area of the property of the
Landowner owning such property at the inception of this Agreement.
Provided, however, any Landowner may designate in writing to the
City the amount of LUEs transferred with the conveyance of any
tract of any portion thereof.
Landowners shall not be permitted to transfer or assign their
right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof;
2. To any other Landowner;
3. To any property not described in the Exhibits hereto,
provided such property shall be (i) adjacent and abutting
to property described in the Exhibits hereto and (ii)
owned by a Landowner who retains ownership of the adjacent
and abutting property described in the Exhibits hereto.
As stated above, the estimated cost of the improvements
including ten percent (10%) for engineering fees and ten percent
(10%) for unforeseen contingencies is $3,411,453.00. In addition,
the City shall be entitled to a fee of $10,000.00 for administering
this contract, for a total estimated project cost of $3,421,453.00.
The administrative fee shall include all expenses and fees of the
City Attorney, City Engineer and other members of the City Staff
for negotiating bidding and administering the project and
construction of the facilities contemplated herein. This fee is not
in lieu of any development fees required by ordinance for the
actual development of Landowners' property.
IV.
Each Landowner agrees to pay their share of the total project
cost as estimated in Appendix I, which amount is equal to certain
3.
onsite costs attributable to each tract plus their pro rata share
of the remaining cost. The Landowner's share of said remaining
costs shall be equal to the percentage that each Landowner's number
of reserved LUE's bears to the total number of LUE's reserved by
all Landowners. The total amount due from each Landowner is
hereinafter referred to as Landowner's "pro rata share."
Upon execution of this Agreement by each Landowner, said
Landowner shall deposit with the City Finance Director cash or
certified funds in an amount equal to ten percent (10%) of the
Landowner's pro rata share of the estimated project cost, which
amount shall be used for design, engineering, and payment to the
City of its administrative charge. Within ten (10) days of
receiving notice from the City that the Mayor has executed this
Agreement, each Landowner shall deposit with the City an
irrevocable letter of credit in the amount of the remainder of each
Landowner's pro rata share issued by a financial institution whose
principal office is within the State of Texas, in the form attached
to this Agreement as Exhibit "P ".
The City Engineer and the engineering firm of Haynie & Kallman
shall immediately proceed to design the necessary improvements to
the City water system to provide line capacity to the Landowners
property in the number of LUEs reserved. The City, upon receipt of
satisfactory design plans and specifications, shall immediately
cause the project to be bid in accordance with normal City
procedures.
In the event the amount of the bid which the City deems best
and acceptable is less than or equal to the total estimated project
costs as set forth in Section III plus ten percent (10%), then in
such event, each Landowner agrees to pay his pro rata share of the
total actual project cost including any increase. In the event of
any increase, each Landowner agrees to provide a substitute letter
of credit in the appropriate adjusted amount within ten (10) days
upon receipt of written request from the City. In the event the
acceptable bid exceeds the total estimated project cost by more
than ten percent (10%), the City and Landowner shall meet as soon
as possible to discuss alternatives to the acceptable bid. Any
Landowner shall have the option to withdraw from the Agreement
within ten (10) days from the date of such meeting. Failure of any
Landowner to provide notice to the City in writing of their intent
to withdraw within such ten (10) day period shall be deemed to be
such Landowners agreement to pay his pro rata share of the total
actual project cost, including any increase. Each Landowner shall
provide a substitute letter of credit in the appropriate adjusted
amount within ten (10) days after receipt of written request from
the City, which request shall not be sent until after the meeting
described above has taken place. In the event any Landowner takes
the requisite action required hereunder to withdraw from the
Agreement, such Landowner's liability hereunder shall immediately
terminate and shall be returned its letter of credit, undrawn,
marked on its face "Cancelled ", but shall not receive any refund of
the cash monies previously deposited with the City.
In the event the acceptable bid is less than the total
estimated project cost as set forth in Section III above, then in
such event, each Landowner shall be entitled to substitute their
respective letter of credit with an identical letter of credit in
an adjusted amount equal to the pro rata share of such Landowner in
the acceptable bid plus ten percent (10%) contingency. In the event
there are cost savings during the term of the construction of the
improvements contemplated hereunder, upon completion of the
improvements and their acceptance by the City, any remaining cash
funds plus interest thereon held by the City Finance Director in
4.
the account set forth pursuant to Section V hereof, shall be
refunded to the Landowners pro rata in accordance with their
respective contribution to the total project cost.
V .
The City agrees that all funds received by the City pursuant to
the terms of this contract shall be held by the City in a separate
interest bearing account and with the exception of the
administrative fee, shall not be spent for any purpose other than
for costs directly associated with the design and construction of
the improvements contemplated herein. The account shall be
administered by the City Finance Director in accordance with his
standard practices regarding City Funds so as to obtain the maximum
practical level of interest consistent with other City deposits.
VI.
Landowners understand that the actual placement of the water
line will result in some tracts being crossed by the line and some
tracts not having immediate access to the line. The landowners who
own tracts actually crossed by the line agree to grant to the City
at no cost, reasonable easements for the placement, construction,
maintenance and repair of the line.
Landowners also agree to grant to the City at no additional
cost reasonably required easements for the placement, construction,
maintenance and repair of any "feeder" lines to provide water
service to outlying tracts. While every attempt will be made to
locate the required easements along property lines and other
locations most convenient to Landowners, it is understood this is
not always possible. It is agreed that the final determination of
the best location for the easements will be made by the City in
conjunction with Haynie & Hallman, Inc.
VII.
It is understood and agreed by Landowners that at the present
time the city does not have the actual major transmission line and
treatment plant capacity to provide water service for all future
growth that is expected to occur in the City's water service area
in general, or the Study Area in particular. In anticipation of
significant growth, the City has adopted a five year Capital
Improvement Piogram which includes expansion of the transmission
system and treatment plant capacity. However, due to circumstances
beyond the control of the City and which are not presently
contemplated by the parties, the necessary transmission system and
plant expansion might be delayed or even cancelled.
Accordingly, while Landowners have reserved capacity in the
water system improvements contemplated herein, no capacity in the
existing or future treatment plants is being reserved. Available
capacity in the treatment plant(s) will be allocated to users in
the entire service area on a "first come - first served" basis as
water service is actually needed.
VII.
Landowners understand that the improvements shall be and remain
the sole property of City and that Landowners shall have no
ownership interest whatsoever in the improvements, whether during
construction or upon final completion.
VIII.
It is understood and agreed by Landowners that the City Council
has adopted a policy that generally requires that property be
5 .
annexed to the City before utility services are provided, and that
this contract shall in no manner be construed as altering or
amending that policy and that annexation will probably be required
before the property is actually served with utilities. However for
those tracts which are currently, or may become, outside the
extraterritorial jurisdiction of the City, the City does agree that
they will not be refused service merely for the reason that they
cannot be annexed to the City.
ATTEST:
Ix.
This contract shall not be construed to exempt Landowners from
the payment of any development, service, or permit fee otherwise
required by ordinances of the City.
Joanne Land, City Secretary
x .
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees and
costs.
C. This contract shall be binding upon and inure to the benefit
of the parties hereto and their respective legal representatives,
successors and assigns where permitted by this agreement.
D. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and
this contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
E. This contract constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the within
subject matter.
F. This contract is executed in multiple originals on the dates
indicated beside each signature and shall be effective as of the
date executed by the Mayor of Round Rock.
G. This contract shall not become effective unless executed by
all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the City to the party depositing same.
CITY OF ROUND ROCK
By:
Mike Robinson, Mayor (date)
6.
5.
LANDOWNERS:
1. ROUND ROCK COUNTY ROAD 170, LTD.
By:
Robert S. Swinney, (date)
General Partner
By:
Stephen L. Tebo, (date)
General Partner
2. ROUND ROCK INDUSTRIAL PARK
By:
General Partner (date)
By:
3. JOHN LLOYD DEVELOPMENT
By:
By: Southwest Rathgeber Co.
(joint venturer)
7.
General Partner (date)
By:
General Partner (date)
John Lloyd (date)
4.
GENSIE BURNETT HEMPHILL (date)
HOLLY HEMPHILL CRAMERUS (date)
CHARLES D. BECKER, Trustee (date)
6. North University Business Park
Joint Venture
By:
Edward R. Rathgeber,President (date)
and
By: 1325 Incorporate (joint venturer)
By:
Max Kugler, President (date)
7.
Ernest Lawrence (date)
8
JAMES R. EICHLEBERGER, JR. (date)
9. DeDEAR COMPANY,
A Texas General Partnership
By:
Barry D. Kendrick, (date)
General Partner
10. Topletz Development Co.
By:
Steve Topletz, President (date)
11.
GLEN C. ANDERSON, Trustee (date)
12.
ELMER BEESE (date)
13.
THOMAS JOEL DAVIDSON (date)
LOUANN ELIZABETH DAVIDSON (date)
8 .
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AG EEMENT is made and entered into on this - day
of A , 1985, by and between the City of Round
Rock, Tas ( "City ") and Round Rock County Road 170 Ltd., Round
Rock In ustrial Park, a Texas General Partnership, John Lloyd
Development, Gensie Burnett Hemphill and Holly Hemphill Cramerus,
Charles D. Becker, Trustee, North University Business Park Joint
Venture, Ernest Lawrence, James K. Eichleberger, Jr., DeDear
Company, a Texas General Partnership, Topletz Development Co., Glen
C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife,
Louann Elizabeth Davidson, ( "Landowners ").
JWSTAGRT
SOUTHEAST ROUND ROCK WASTEWATER SERVICE AGREEMENT
Recitals
7029 �
WHEREAS, Landowners own 1,121.4487 acres of land out of a total
of approximately 2,000 acres contained in an area generally
southeast of the City's limits, said area being designated as the
"Study Area" in Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have access to any
municipal wastewater service, and
WHEREAS, a study performed by the engineering firm of Haynie &
Kaltman, Inc. has determined that in order for the Study Area to
have access to City's wastewater system, certain improvements
consisting of a major wastewater line must be constructed, and
WHEREAS, Haynie & Kallman, Inc. estimate that the cost of
constructing said improvements is $1,453,938.00, and estimate that
the completion date will be September, 1986, and
WHEREAS, the City does not have current funds available for the
construction of said improvements, and
WHEREAS, in order to construct the needed improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Landowners wish
to jointly finance the construction of the improvements, and to
contract with the City to administer the construction of the
improvements, Now Therefore, It is Agreed That:
I.
Landowners own the number of acres within the Study Area as
indicated below:
MORE
PARTICULARLY
DESCRIBED IN
NAME NUMBER OF ACRES EXHIBIT
1. Round Rock County Road
170 Ltd. 83.646 "B"
2. Round Rock Industrial Park 142.91 "C"
3. John Lloyd Development 117.50 "D"
4. John Lloyd Development 49.00 "E"
5. Gensie Burnett Hemphill
and Holly Hemphill Cramerus 196.97 "F"
6. Charles D. Becker, Trustee 41.9487
7. North University Business
Park Joint Venture 100.00
8. Ernest Lawrence 124.00
9. James R. Eichleberger, Jr. 100.09
10. DeDear Company 59.178
11. Topletz Development Co. 68.825
12. Glen C. Anderson, Trustee 26.841
13. Elmer Beese 5.35
14. Thomas Joel Davidson and
wife, Louann Elizabeth
Davidson
NAME
1. Round Rock County Road
170 Ltd.
II.
2.
5.19
"G"
. H n
"
n
"
"M"
" N n
n
The capacity of the wastewater line to be constructed shall be
measured in terms of Living Unit Equivalents (LUE's). A LUE is
defined as that unit of development which produces the same peak
wet weather flow as is produced by a detached single family
dwelling unit. For the purpose of this agreement an LUE is deemed
to produce a peak wet weather flow of 350 gallons per day of
wastewater. Landowners agree to reserve for their respective tracts
of land and the City agrees to provide the number of LUE's in the
line as indicated below:
UUE's
526
2. Round Rock Industrial Park 715
3. John'Lloyd Development (117.5 acres) 150
4. John Lloyd Development (49 acres) 640
5. Gensie Burnett Hemphill and
Holly Hemphill Cramerus 960
6. Charles D. Becker, Trustee 251
7. North University Business
Park Joint Venture 450
8. Ernest Lawrence 460
9. James R. Eichleberger, Jr. 500
10. DeDear Company 200
11. Topletz Development Co. 252
12. Glen C. Anderson, Trustee 275
13. Elmer Beese 25
14. Thomas Joel Davidson and wife,
Louann Elizabeth Davidson 25
The number of LUE's for residential uses shall be determined as
follows:
TYPE OF
RESIDENTIAL UNIT
Single Family Detached
NUMBER OF
LUE's
1.0
Duplex 0.9 per unit
Tri -plex, four -plex and
multi - family 0.7 per unit
The number of LUE's for commercial and industrial use shall be
determined in accordance with the following formula:
Building Area X 6 X Land Area in Acres = LUE's
Land Area
As used herein the term "Building Area" includes only the
footprint of each commercial /industrial building and does not
include driveways, walkways, etc.
Landowners shall be entitled to allocate their LUEs to their
respective tracts, or any portion thereof, as they deem advisable.
In the event of transfer of any respective tract, or any portion
thereof, the City, unless notified as set forth hereinafter, may
deem that a pro rata number of LUEs are transferred with the
conveyed property in accordance with the ratio between the area of
the conveyed property to the total area of the property of the
Landowner owning such property at the inception of this Agreement.
Provided, however, any Landowner may designate .in writing to the
City the amount of LUEs transferred with the conveyance of any
tract of any portion thereof.
Landowners shall not be permitted to transfer or assign their
right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof;
2. To any other Landowner;
3. To any property not described in the Exhibits hereto,
provided such property shall be (i) adjacent and abutting
to property described in the Exhibits hereto and (ii)
owned by a Landowner who retains ownership of the adjacent
and abutting property described in the Exhibits hereto.
As stated above, the estimated cost of the improvements
including ten percent (10%) for engineering fees and ten percent
(10 %) for unforeseen contingencies is $1,453,938.00. In addition,
the City shall be entitled to a fee of $10,000.00 for administering
this contract, for a total estimated project cost of $1,463,938.00.
The administrative fee shall include all expenses and fees of the
City Attorney, City Engineer and other members of the City Staff
for negotiating, bidding and administering the project and
construction of the facilities contemplated herein. This fee is not
in lieu of any development fees required by ordinance for the
actual development of Landowners' property.
IV.
Each Landowner agrees to pay their share of the total project
cost as estimated in Appendix I, which amount is equal to certain
3.
onsite costs attributable to each tract plus their pro rata share
of the remaining cost. The Landowner's share of said remaining
costs shall be equal to the percentage that each Landowner's number
of reserved LUE's bears to the total number of LUE's reserved by
all Landowners. The total amount due from each Landowner is
hereinafter referred to as Landowner's "pro rata share."
Upon execution of this Agreement by each Landowner, said
Landowner shall deposit with the City Finance Director cash or
certified funds in an amount equal to ten percent (10%) of the
Landowner's pro rata share of the estimated project cost, which
amount shall be used for design, engineering, and payment to the
City of its administrative charge. Within ten (10) days of
receiving notice from the City that the Mayor has executed this
Agreement, each Landowner shall deposit with the City an
irrevocable letter of credit in the amount of the remainder of each
Landowner's pro rata share issued by a financial institution whose
principal office is within the State of Texas, in the form attached
to this Agreement as Exhibit "P ".
The City Engineer and the engineering firm of Haynie & Kallman
shall immediately proceed to design the necessary improvements to
the City water /wastewater system to provide line capacity to the
Landowners property in the number of LUEs reserved. The City, upon
receipt of satisfactory design plans and specifications, shall
immediately cause the project to be bid in accordance with normal
City procedures.
In the event the amount of the bid which the City deems best
and acceptable is less than or equal to the total estimated project
costs as set forth in Section III plus ten percent (10%), then in
such event, each Landowner agrees to pay his pro •rata share of the
total actual project cost including any increase. In the event of
any increase, each Landowner agrees to provide a substitute letter
of credit in the appropriate adjusted amount within ten (10) days
upon receipt of written request from the City. In the event the
acceptable bid exceeds the total estimated project cost by more
than ten percent (10%), the City and Landowner shall meet as soon
as possible to discuss alternatives to the acceptable bid. Any
Landowner shall have the option to withdraw from the Agreement
within ten (10) days from the date of such agreement meeting.
Failure of any Landowner to provide notice to the City in writing
of their intent to withdraw within such ten (10) day period shall
be deemed to be such Landowners agreement to pay his pro rata share
of the total actual project cost, including any increase. Each
Landowner shall provide a substitute letter of credit in the
appropriate adjusted amount within ten (10) days after receipt of
written request from the City, which request shall not be sent
until after the meeting described above has taken place. In the
event any Landowner takes the requisite action required hereunder
to withdraw from the Agreement, such Landowner's liability
hereunder shall immediately terminate and shall be returned its
letter of credit, undrawn, marked on its face "Cancelled ", but
shall not receive- any refund of the cash -monies previously
deposited with the City. - .-
In the event the acceptable bid is less than the total
estimated project cost as set forth in Section III above, then in
such event, each Landowner shall be entitled to substitute their
respective letter of credit with an identical letter of credit in
an adjusted amount equal to the pro rata share of such Landowner in
the acceptable bid plus ten percent (10%) contingency. In the event
there are cost savings during the term of the construction of the
improvements contemplated hereunder, upon completion of the
improvements and their acceptance by the City, any remaining cash
funds plus interest thereon held by the City Finance Director in
4.
the account set forth pursuant to Section V hereof, shall be
refunded to the Landowners pro rata in accordance with their
respective contribution to the total project cost.
v.
The City agrees that all funds received by the City pursuant to
the terms of this contract shall be held by the City in a separate
interest bearing account and with the exception of the
administrative fee, shall not be spent for any purpose other than
for costs directly associated with the design and construction of
the improvements contemplated herein. The account shall be
administered by the City Finance Director in accordance with his
standard practices regarding City Funds so as to obtain the maximum
practical level of interest consistent with other City deposits.
VI.
It is contemplated that in the future other landowners and /or
developers of other land within the Study Area may seek to reserve
capacity in or connect to the wastewater improvements. As
reservations or actual connections are made, the City agrees to
reimburse Landowners the amount of $128.00 per LUE to be served
plus interest on said amount at the rate of twelve percent (12%)
per annum from date of this contract. (The foregoing reimbursement
amount is subject to adjustment based on the actual project cost.)
The LUE fee shall be charged to subsequent users at the time their
subdivision plat is filed with the City or when an application is
made for wastewater service, whichever first occurs. The
reimbursement shall be made to Landowners on the same prorata basis
as their respective contributions. Such reimbursements shall be
made on a semi - annual basis on or about January , 10 and July 10 of
each calendar year. Pursuant to Chapter 8, Sec. 6.K.(10)(c), Code
of Ordinances, City of Round Rock, the obligation of the City to
reimburse costs shall absolutely terminate five (5) years from date
of this contract.
VII.
Landowners understand that the actual placement of the
wastewater line will result in some tracts being crossed by the
line and some tracts not having immediate access to the line. The
landowners who own tracts actually crossed by the line agree to
grant to the City at no cost, reasonable easements for the
placement, construction, maintenance and repair of the line.
Landowners also agree to grant to the City at no additional
cost reasonably required easements for the placement, construction,
maintenance and repair of any "feeder" lines to provide wastewater
service to outlying tracts. While every attempt will be made to
locate the required easements along property lines and other
locations most convenient to Landowners, it is understood this is
not always possible. It is agreed that the final determination of
the best location for the easements will be made by the City in
conjunction with Haynie & Kallman, Inc.
VIII.
It is understood and agreed by Landowners that at the present
time the city does not have the actual major interceptor and
treatment plant capacity to provide wastewater service for all
future growth that is expected to occur in the City's wastewater
service area in general, or the Study Area in particular. In
anticipation of significant growth, the City has adopted a five
year Capital Improvement Program which includes expansion of the
collection system and treatment plant capacity, which is currently
expected to be in operation sometime in 1987. However, due to
5.
circumstances beyond the control of the City and which are not
presently contemplated by the parties, the necessary collection
system and plant expansion might be delayed or even cancelled.
Accordingly, while Landowners have reserved capacity in the
wastewater line contemplated herein, no capacity in the existing or
future treatment plants is being reserved. Available capacity in
the treatment plant(s) will be allocated to users in the entire
service area on a "first come - first served" basis as wastewater
service is actually needed.
Ix.
Landowners understand that the improvements shall be and remain
the sole property of City and that Landowners shall have no
ownership interest whatsoever in the improvements, whether during
construction or upon final completion.
X.
It is understood and agreed by Landowners that the City Council
has adopted a policy that generally requires that property be
annexed to the City before utility services are provided, and that
this contract shall in no manner be construed as altering or
amending that policy and that annexation will probably be required
before the property is actually served with utilities. However for
those tracts which are currently, or may become, outside the
extraterritorial jurisdiction of the City, the City does agree that
they will not be refused service merely for the reason that they
cannot be annexed to the City.
XI.
This contract shall not be construed to exempt Landowners from
the payment of any development, service, or permit fee otherwise
required by.ordinances of the City.
XII.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B._ Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees and
costs.
C. This contract shall be binding upon and inure to the benefit
of the parties hereto and their respective legal representatives,
successors and assigns where permitted by this agreement.
D. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and
this contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
E. This contract constitutes the sole and only agreement of the
parties hereto and_- supersedes any prior understandings.or.written
or oral agreements between the parties respecting the within
subject matter.
6.
F. This contract is executed in multiple originals on the dates
indicated beside each signature and shall be effective as of the
date executed by the Mayor of Round Rock.
G. This contract shall not become effective unless executed by
all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the City to the party depositing same.
ATTEST:
/✓ /.Jr_.
nne Land
4.
CITY OF ROUND RD.CK
By:
Mike Robinson, Mayor
7 - 9 - 4S —
(date)
City Secretary
LANDOWNERS:
1. ROUND / ROCK COUNTY ROAD 170, LTD.
my: /`m d / 6 278
Robert S. Swin e ( ate)
General Partner
By: ?7/4. 7. 1 2___ G _s_
Stephen L. Tebo, ( a te)
General Partner
By
Bv:
General Partner
2. ROUND R DUSTRIAL PARK
r
d y 11.) F"o5
By:
General Partner (date)
3. JOHN LLOYD DEVELOPMENT
7a4163 y , PeSID£A)T
7.
z31f8S
SIL.Ii£ST'2E v E4, Ti2(da e )
ATTORNCY Z, FAeT
-27/ xs
GENSIE BURNETT 2 F,SPHILL/ / (date)
1.1.e 1, -Arom ,
mg! MPHI ini CRAM 'US /
/ '.. /� ii
CHARLES D. BECKER, Trustee
(Mate)
( ate
6. North University Business Park
Joint Venture
11.
By: So j hwest Ratk}cyeber Co.
int ventu
and
By: 1325 Incoorpporate (joint venturer)
By : aa�A
M Ru resident (date)
7 .
Ernest Lawrence
8.
,iA "S . EICHLEBERG R, J
9. DeDEAR COMPANY,
A Texas General Partnership
By: ,eed
t df
Barry D. Ken ick,
General Partner
10. Topletz Development Co.
B
GLEN C. AND R •N, r s -e
12 . L YiYn4�/ �J�222P i
ELMER BEESE
r,President (date)
13. //.50
o rri
OUANN ELIZAB•TH DAVID ON
8.
(date)
(date)
(date)
(date)
6a� 86
( ate
(date)
(date)
APPENDIX I
SOUTHEAST ROUND ROCK
INDIVIDUAL OWNER WASTEWATER SYSTEM COST
L.U.E. Cost
Landowner L.U.E. On -Site ($190 /L.U.E.) Total Cost
1. Round Rock County 526 $ 24,672 $ 99,857 $ 124,529
Road 170 Ltd.
2. Round Rock Industrial 715 $ 93,294 $ 135,737 $ 229,031
Park
550 - 6,560. 104,413 170,973.
3. John Lloyd Development 4-56- $ $ -28741e $ 28
4. John Lloyd Development 640 $ 0 121,499
§fig, 660 $ 121,499 $ LBB; 05 -
5. Gensie Burnett Hemphill 960 $ 99,498 $ 182,248 $ 281,746
and Holly Hemphill
Cramerus
6. Charles D. Becker, 251 $ 54,029 $ 47,650 $ 101,679
Trustee
7. North University 450 $ 28,971 $ 85,429 $ 114,400
Business Park Joint
Venture
8. Ernest Lawrence 0 $ 41,404 $ $ 4 & 73T
* 8(a). Unsold L.U.E.'s 60 0 11,390. 11,390.
9. James K. Eichelberger, 500 $ 24,858 $ 94,921 $ 119,779
Jr.
10. DeDear Company 200 $ - 0 - $ 37,968 $ 37,968
11. Topletz Development Co. 252 $ -0- $ 47,840 $ 47,840
12. Glen C. Anderson, 275 $ -0- $ 52,206 $ 52,206
Trustee
13. Elmer Beese 25 $ -0- $ 4,747 $ 4,747
14. Thomas Joel Davidson 25 $ -0- $ 4,747 $ 4,747
and wife, Louann
Elizabeth Davidson
Totals 5,429 $ 433,286 $1,030,652 $1,463,938
* Due to Ernest Lawrence's decision to not participate, the "on- site" cost
attributable to his tract will be assumed by the participants on a pro -rata
basis, as stipulated in paragraph IV of the attached agreement. Since John
Floyd Development has agreed to assume 400 LUE's of Lawrence's 460, 60 LUE's
will be considered as "unsold."
FIELD NOTES FOR SWINNEY /TEBO INTERESTS:
BEING 83.646 acres (3,643,614 Square Feet) of land, situated in the Asa
Thomas Survey, Abstract No.'608, in Williamson County, Texas; said land
being that certain tract of land, called 38.21 acres (1,664,466 Square
Feet) as conveyed to Round Rock County Road 170 LTD., by deed as recorded
in Volume 1001, Page 946, of the Deed Records of Williamson County, Texas,
that certain tract of land, called 4.00 acres (174,240 Square Feet), as
conveyed to Round Rock County Road 170 LTD., by deed as recorded in Volume
1002, Page 14 of the Deed Records of Williamson County, Texas, that certain
tract of land, called 22.50 acres (980,100 Square Feet), as conveyed to
Round Rock County Road 170 LTD by deed as recorded in Volume 1002, Page 01,
of the Deed Records of Williamson County, Texas, and that certain tract of
land, called 18.94 acres (824,808 Square Feet) as conveyed to Round Rock
County Road 170 LTD.,,by deed as recorded in Volume 1018, Page 210 of the
Deed Records of Williamson County, Texas. Surveyed on the ground in the
month of July, 1984, under the supervision of R. T.'Ma,gness, Jr., Registered
Public Surveyor, and being more particularly described as follows:
BEGINNING at an iron pin found at a fence corner marking the N.E. corner of
the above - referenced 18.94 -acre tract, for the N.E. corner hereof;
TEENCE, with a fence, S 2 44' 30" W, 670.40 feet to an iron pin found at a
fence corner marking the most northerly corner of that certain tract of land
called 0.049 of an acre, as conveyed to Bunny Neyens by deed as recorded in
Volume 817, Page 710 of the Deed Records of•Williamson County, Texas; also
being the N.W. corner of that certain tract of land called 11.30 acres, as
conveyed to Bunny Neyens by deed as recorded in Volume 817, Page 708 of the
Deed Records of Williamson County, Texas, and S 2 27' 30" W, 607.13 feet,
to an iron pin found on the north line of County Road No. 170, marking the S.W.
corner of the said 0.049 of an acre tract, the S.E. corner of the said 18.94
acre tract for the S.E. corner hereof;
THENCE, with a fence, along the said north line of County Road No. 170, as
follows:
N 58 31' W, 121.35 feet to an iron pin found;
N 76 28' 30" W, 61.39 feet to an iron pin found;
S 84 05' W, 73.89 feet to an iron pin found;
S 63 15' 30" W, 59.71 feet to an iron pin found;
S 54 13' 30" W, 191.61 feet to an iron pin found;
S 55 43' 30" W, 227.35 feet to an iron pin found;
S 61 40' 30" W, at 52.20 feet pass the S.W. corner of the said 18.94
acre tract and the S.E. corner of the above - referenced 22.50 acre
tract for a total distance of 67.34 feet to an iron pin found;
S 71 00' 30" W, 366.31 feet to an iron pin found;
S 75 40' W, 87.98 feet to an iron pin found;
S 77° 52' 30" W, at 168.04 feet pass the S.W. corner of the said
22.50 acre tract and the S.E. corner of the above - referenced 38.21
acre tract for a total distance of 358.04 feet to an iron pin found; and
S 75 41' W, 464.79 feet to an iron pin found marking the S.W. corner
of the said 38.21 acre tract, for the S.W. corner hereof;
THENCE, with a fence along the west line of the said 38.21 acre tract, as
occupied, being the west line of an existing access easement granted to
Manville Water Supply Corporation of record in Volume 642, Page 600 of the
Deed Records of Williamson County, Texas, as follows:
N 13 53' W; 166.00 feet to an iron pin found;
N 14 43' 30" W, 520.78 feet to an iron pin found;
N 18° 14' W, 184.48 feet to an iron pin found;
N 18 59' 30" W, 371.60 feet to an iron pin found and
N 18 44' W, 50-54 feet to an iron pin found at a fence corner marking
the S.W. corner,, of that certain tract of land called 2.04 acres, as
conveyed to Manville Water Supply Corporation by deed as recorded in
Volume 642, Page 600 of the Deed Records of Williamson County,Texas,
for the most westerly N.W. corner of the said 38.21 acre tract for
the most westerly N.W. corner hereof;
Job No. S 2019 -20
Page 1 of 2
EXHIBITB PAGE 1
Steger 4. BL33ell. inc.
CONSULTING ENGINEERS - SURVEYORS
P. O. BOX 655 • GEORGETOWN. TX 76620
FIELD NOTES FOR SWINNEY /TEBO INTERESTS, Cont.
THENCE S 86 12' 30" E, 309.46 feet to an iron pin found at a fence corner
marking the S.E. corner of the said 2.04 acre tract, an interior corner of
the said 38.21 acre tract, for an interior corner hereof;
THENCE N 18 41' W, 309.58 feet to an iron pin found at a fence corner
marking the N.E. corner of the said 2.04 acre tract, the most northerly
N.W. corner of the said 38.21 acre tract, for the most northerly N.W.
corner hereof;
THENCE, with a fence, 5 85 54' E, 862.48 feet to an iron pin found, S 85
48' 30" E, at 270.00 feet pass the N.E. corner of the said 38.21 acre tract
and the N.W. corner of the said 22.50 acre tract, for a total distance of
575.37 feet in all to a 40d nail found, S86 06' E, at 283.36 feet pass
the N.E. corner of the said 22.50 acre tract and the N.W. corner of the said
18.94 acre tract for a total distance of 414.95 feet to a 40d nail found and
S 86° 28' 30" E, 457.13 feet to the place of BEGINNING and containing 83.646
acres of land.
NOTE:
The above described tract of land is subject to an existing access easement
along the entire most southerly west line.
STATE OF TEXAS
COUNTY OF WILLIAMSON I
KNOW ALL MEN BY THESE PRESENTS:
I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify that
this survey was made on the ground during the month of July, 1984, of
the property reflected hereon, for the benefit of and reliance of Round
Rock County Road 170 LTD, Glen Anderson, Trustee and First American Title
Company, the description contained hereon is correct, the property has
access to and from a dedicated roadway as shown hereon, except as shown
hereon, there are no apparent discrepancies, apparent conflicts, shortages
in area, encroachments, improvements, overlapping of improvements, set -back
lines, easements or roadways, the square footage as shown hereon is correct,
the area of the subject propety is shown, if any, which lies within the 100 -
year floodplain or any area having special flood hazards as designated by a
governmental agency, and there is no physical evidence of possession of the
property by any party except as shown hereon.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County,
Texas, this the 6th day of July, 1984, A. D.
lh
Bob No. S 2019 -20
Page 2 of 2
urvey
exas
Regi ered Pu
S e
o. 1433
Steger t B
EXHIBIT B PAGE 2
CONSULTING ENOIMEERE - Emmons
P. O. BOX 656 • OLOMOETOWN. TX 71620
1.•r.1, ;c: 34).27 acre;, of laud situated in the Memucan Hunt Survey, Abstract
No. 334 and the Wm. Barker Survey, Abstract No. 107 in Williamson County,
Texas, and said km. Barker Survey, Abstract No. 309 in Travis County,
Texas, of which approximately 141.22 acres are situated in Williamson
County, Texas, and 0.05 of an acre is situated in Travis County, Texas;
said land being a portion of chat certain tract of land called 152.5
acres as•conveyed to B. W. Glenn by deed as record in Volume 490,
Page 534 of the Deed Records of Williamson County, Texas, and a portion
of that certain tract of land called 44.0 acres as conveyed to B. W. Glenn
by deed as recorded in Volume 260, Page 368 of the Deed Records of
Williamson County, Texas. Surveyed on the ground in the month of February,
1984, under the supervision of R. T. Magness, Jr., Registered Public Sur-
veyor, and being more particularly described as follows:
BECINN]NC at an iron pin found at a fence corner on or near the N.E.
corner of the Socrates Darling Survey, Abstract No. 876 in Williamson
County, Texas, and an interior corner of the said Memucan Hunt Survey
in the West line of said 152.5 -acre Glenn tract marking the S.E. corner
of said 44.0 - acre Glenn tract, marking an interior corner hereof;
•
]HENCE S 87 20' 30" W, 249.00 feet, with a fence on the South line of
said 44.0 -acre Glenn tract, to an iron pin found marking the S.E. corner
of that certain tract of land called 0.92 of an acre as conveyed to
G. C. Jacobson by deed as recorded in Volume 689, Page 449 of the Deed
Records of Williamson County, Texas, marking the most southerly N.W.
corner hereof;
THENCE N 14° 09' W, 808.67 feet to an iron pin found in the South line
of County Road No. 170 marking the N.E. corner of said 0.92 - acre Jacob-
son tract, marking the N.W. corner hereof;
THENCE, with the said South line of County Road No. 170, as follows:
N 72 27' 30" E, 441.17 feet to an iron pin found; N 55° 15' E,
297.91 feet to an iron pin found; N 52° 14' E, 123.22 feet to
an iron pin found; N 62 23' 30" E, 83.72 feet to an iron pin
found; S 82° 26' 30" E, 86.87 feet to an iron pin found; S 66
57' 30" E, 138.44 feet to an iron pin found; S 51 43' 30" E,
passing the N.E. corner of said 44.0 -acre Glenn tract and the
N.W. corner of said 152.5 -acre Glenn tract, 787.99 feet to an
iron pin found; S 51° 56' 30" E, 174.86 feet to an iron pin
found; and S 51 50' E, 261.69 feet to an iron pin found mark-
ing the N.W. corner of that certain tract of•land called 5.04
acres as conveyed to T. Arnold by deed as recorded in Volume 686,
Page 241 of the Deed Records of Williamson County, Texas, marling
the most westerly N.E. corner hereof;
THENCE S 30° 03' W, 439.00 feet, with the West line of said 5.04 - acre
Arnold tract to an iron pin found marking the S.W. corner of said 5.04 -
acre Arnold tract, marking an interior corner hereof;
THENCE S 59 57' E, with the South line of said 5.04 -acre Arnold tract, at
524.84 feet pass an iron pin found in hest line of an existing 50 - foot - wide
road easement and continuing for a total distance of 549.84 feet, in all,
to an iron pin set in the center of said 50-foot-vide road easement in
the test line of that certain tract of ]and called 5.15 acres as conveyed
to L. C. Sch•_artz by deed as recorded in Volume 659, PaEe 405 of the
r"•ed ;Accords of Williamson County, Texas, marking the S.E. corner of
s::td Arnold 5.0i -acre tract, marking a northeasterly corner hereof;
S 30 11' W, 109.47 feet, with the centerline of said 50- foot -wide
road eas,mnt to an iron pin set for the S.W. corner of said 5.15 -acre
Schwartz tract, for an interior coiner hereof;
THENCE S 59 54' 30" E, with the South line of said 5.15 - acre Schwartz
tract, at 25.00 feet pass an iron pin found in the East line of said
50-foot-wide road casement, and continuing for a total distance of 574.91
feet, in all, to an iron pin found narking the S.E. corner of said 5.15 -
acre Schwartz tract in the East line of said 152.5 -acre Glenn tract, m,;rl.-
:nc the r st .outi,rr1y N.E. corner hereof„
t:C1n 6 "A"
PAVe One of Throe
EXHIBIT C 'Atit 1
1HL CC S 30' 02' W, 386.20 feet,.with the East line of said 152.5 -acre
Glenn tract, to an iron pin found marking the N.E. corner of that certain
tract of ]and called 5.11 acres as conveyed 10 J. Burrows by deed as
recorded in Volume 715, Page 929 of the Deed Records of Williamson County,
Texas, marking a corner hereof;
THENCE N'60 00' W, with the North line of said 5.11 -acre Burrows tract,
at 549.91 feet pass an iron pin found in the East line of said 50- foot -wide
road casement and continuing for a total distance of 574.91 feet, in all,
to an iron pin set for the N.W. corner of said 5.11 -acre Burrows tract,
for an interior corner hereof;
THENCE S 30° 01' 30" W, 386.84 feet, with the said centerline of the
50 -foot -wide road easement, to an iron pin set for the S.W. corner of
said 5.11 -acre Burrows tract, for an interior corner hereof;
THENCE S 59 59' E, with the South line of said 5.11 -acre Burrows tract
at 25.00 feet pass an iron pin found in the East line of said 50 -foot-
wide road easement and continuing for a total distance of 574.91 feet,
in all, to an iron pin found marking the S.E. corner of said 5.11 -acre
Burtows tract in the East line of said 152.5-acre Glenn tract, marking
a corner hereof;
THENCE S 29 58 W, 1160.54 feet, with the said East line of the 152.5 -
acre Glenn tract, passing the Williamson- Travis County line, to an iron
pin found marking the N.E. corner of that certain tract of land called
5.35 acres as conveyed to E. Geese by deed as recorded in Volume 787,
Page 776 of the Deed Records of Williamson County, Texas, marking the
most easterly S.E. corner hereof;
THENCE N 59 57' W, 1126.51 feet, with the North line of said 5.35 -
acre Geese tract, passing the Williamson- Travis County line, passing
the N.W. corner of said 5.35 -acre Beese tract, the N.E. corner of that
certain tract of land called 3.19 acres as conveyed to T. J. Jacobson,
et ux, by deed as recorded in Volume 917, Page 701 of the Deed Records
of Williamson County, Texas; the N.W. corner of said 3.19 -acre Jacobson
tract; the N.E. corner of that certain tract of land called 2.00 acres
as conveyed to T. J. Jacobson, et ux, by deed as recorded in Volume 917,
Page 768 of the Deed Records of Williamson County, Texas, to an iron
pin set in the centerline of said 50- foot -wide road easement, for the
N.W. corner of said 2.00 -acre Jacobson tract, for an interior corner
hereof;
T'r._:.CE S 30 01' W, with the West line of said 2.00 -acre Jacobson tract,
at 25.00 feet pass an iron pin found in the South line of said 50- foot -wide
road easement and continuing for a total distance of 410.46 feet, in
all, to an iron pin found in a fence in the South line of said 152.5 -
acre Glenn tract marking the S.W. corner of said 2.00 -acre Jacobson
tract, marking the most westerly S.E. corner hereof;
THENCE, with said fence on the South line of said 152.5 -acre Glenn
tract, as follows:
N 60 22' 30" W, 125.63 feet to an iron pin found and N 59
47' W, 1046.10 feet, to an iron pin found at a fence corner
marking the S.W. corner of said 152.5 -acre Glenn tract on or
near the West line of said Memucan Hunt Survey, marking the
S.W. corner hereof;
THENCE N 30 02' E, 1789.74 feet, with a fence on the West line of said
152.5 -acre Glenn tract, on or near the West line of said Memucan Hunt
Survey, to the place of BEGINNING and containing 141.27 acres of land.
EXHIBIT "A"
Page Two of Three
EXHIBIT C PQ( 2
. TRACT r:o:
BEING 1.64 acres of Land situated in the Memucan Hunt Survey, Abstract
1 ;o. 314 in Williamson County, Texas; said ]and being a portion of that
certain tract of land called 44.0 acres as conveyed to B. W. Glenn by
deed as recorded in Volume 260, Page 368 of the Decd Records of William-
son County, Texas. Surveyed on the ground in the month of February,
1984, under the supervision of R. T. Magness, Jr., Registered Public
Surveyor, and being more particularly described as follows:
BEGINNING at an iron pin found in a fence in the South line of said
44.0 -acre Glenn tract on or near the most westerly South line of the
said Memucan Hunt Survey marking the S.W. corner of that certain tract
of land called 0.92 of an acre as conveyed to G. C. Jacobson by deed as
recorded in Volume 689, Page 449 of the Deed Records of Williamson County,
Texas, marking the S.E. corner hereof; said point being S 87 20' 30" W,
249.00 feet and and S 86 52' W, 51.18 feet from the S.E. corner of said
44.0 -acre Glenn tract;
THENCE S 87 22' W, 91.65 feet, with the said fence on the South line
of said 44.0 - acre Glenn tract, to an iron pin found marking the S.E.
corner of that certain tract of land called 16.244 acres as conveyed to
Carol Leppin by deed as recorded in Volume 621, Page 719 of the Deed
Records of Williamson County, Texas, marking the S.W. corner hereof;
THENCE N 14 09' W, 785.64 feet, with a fence on the East line of said
16.244 -acre Leppin tract, to an iron pin found in the South line of
County Road No. 170, marking the N.E. corner of said 16.244 -acre Leppin
tract, marking the N.W. corner hereof;
THENCE N 77° 55' E, 89.87 feet with the South line of said County Road
No. 170 to an iron pin found marking the N.W. corner of said 0.92 -acre
G. C. Jacobson tract, marking the N.E. corner hereof;
THENCE S 14 09' E, 800.70 feet, with the West line of said 0.92 -acre
Jacobson tract, to the place of BEGINNING and containing 1.64 acres of
.'and.
EXHIBIT "A"
Page Three of Three
EXHIBIT C rxbc 3
PERIMETER FIELD NOTES:
BEING 117.45 acres of land, of which approximately 70.25 acres are situated
in the Asa Thomas Survey, Abstract No. 609, approximately 12.5 acres are
situated in the C. E. Rowe Survey, Abstract No. 871, and approximately 34.7
acres are situated in the Wm. Barker Survey, Abstract No. 107, in Williamson
County, Texas. Said land being that same land, called 117.46 acres, as
described in a Quit Claim Deed to C. R. Luedtke of record in Volume 627, Page
177, of the Deed Records of Williamson County, Texas. Surveyed on the ground
in the month of June, 1984, under the supervision of Don H. Bizzell, Registered
Public Surveyor, and being more particularly described as follows:
BEGINNING at an iron pin found at a fence corner, at the intersection of the
north line of County Road No. 169 and the west line of the M.K.& T. Railroad
right -of -way, marking the S.E. corner of the above - referenced Luedtke tract,
for the S.E. corner hereof, said point being on or near a southerly line of
the Wm. Barker Survey, Abstract 107;
THENCE along the said west line of the MAC. &T. Railroad right -of -way, N 21° 25' W,
passing the common line between the said Wm. Baker Survey, Abstract 107, and the
C.E. Rowe Survey, Abstract 871, passing the common line between the said C.E. Rowe
Survey, Abstract 871, and the Asa Thomas Survey, Abstract 609, for a total distance
of 4303.64 feet, in all, to an iron pin found at a fence corner on the south line
of County Road No. 168, known locally as Gattis School Road, marking the N.E.
corner of the said Luedtke tract, for the N.E. corner hereof;
THENCE along the said south line of County Road No. 168, N 89 41' W, 840.66 feet
to an iron pin found at a fence corner , at the intersection of the said south line
of County Road No. 168 and the east line of County Road No. 169, marking the N.W.
corner of the said Luedtke tract for the N.W. corner hereof;
THENCE along the said east and north line of County Road No. 169, as follows;
S 29° 17' W, 140.15 feet to an iron pin found;
S 0 56' W, 763.56 feet to an iron pin found;
S 60° 09' 30" E, 2.81 feet to an iron pin found;
S 0° 54' 30" W, 884.41 feet to an iron pin found;
S 0 56' W, passing the said common line between the Asa Thomas Survey,
Abstract 609 and the C. E. Rowe Survey, Abstract 871, for a total distance
of 844.71 feet, in all, to an iron pin found;
S 37 31' 30" E, 36.52 feet to an iron pin found;
S 62 14' 30" E, passing the said common line between the C. E. Rowe
Survey, Abstract 871 and the Wm. Barker Survey, Abstract 107, passing by
or near an interior corner of the said Wm. Barker Survey, Abstract 107,
for a total distance of 1,542.98 feet, in all, to an iron pin found and
S 60 12' 30" E, 1303.03 feet to the place of BEGINNING and containing
117.45 acres of land.
STATE OF TEXAS
COUNTY OF WILLIAMSON
I, Don H. Bizzell, Registered Public Surveyor, do hereby certify that this
survey was made on the ground of the property legally described hereon and
is correct, and that there are no apparent discrepancies, conflicts,
shortages in area, boundary line conflicts, encroachments, overlapping of
improvements, visible utility lines or roads in place, except as shown
hereon, and that said property has access to and from a dedicated roadway,
except as shown hereon.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County,
Texas, this the _ 7th day of June, 1984, A. D.
E. OF.. rF
,;2-97 k
6n H. Bizzell "
Registered Pu•lic rveyor, No. 2218 N: DON H. BIZZELL
lh
Job No. S 1451 -3
3
State of Texas
KNOW ALL MEN BY THESE PRESENTS:
2218 • rQ•�
°7sTtP •1
7G ... H IBITD PAGE 1
Steger B133eLL, inc.
CONSULTING ENO.NEERS - SURVEYORS
P 0 Ut 1158 • GEORGETOWN, TX 76•^0
IL- 7 f�CS o.f 4'A s paice l (.46$6 a +e ch ee�)
a ' lies in 0; die x-ca 4) Go L.1,04
Field Notes 1}5.92 Acres
for November 9, 1984
John Lloyd Page 1
FIELD NOTE DESCRIPTION OF 195.92 ACRES OUT OF THE JOHN VAN WINKLE SURVEY
NUMBER 70 IN TRAVIS AND WILLIAMSON COUNTY, TEXAS, SAID 195.92 ACRES BEING A
PORTION OF THAT CERTAIN TRACT OF LAND DESIGNATED AS FIRST TRACT AND DESCRIBED
AS CONTAINING 135.48 ACRES IN A DEED TO C.R. LUEDTKE, ET UX, RECORDED IN
VOLUME 763, PAGE 509, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS AND BEING A
PORTION OF THAT CERTAIN TRACT OF LAND DESIGNATED AS SECOND TRACT AND DESCRIBED
AS CONTAINING 184 ACRES IN A DEED TO C.R. LUEDTKE, ET UX, RECORDED IN VOLUME
436, PAGE 155, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 195.92 ACRES
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Beginning at an iron pin found in the Easterly right -of -way line of Shultz
Lane being at the relocated Northwest corner of that certain tract of land
described as containing 93.7 acres in a deed to A.G. Wheeler recorded in
Volume 1318, Page 331 of the Deed Records of Travis County, Texas, same being
the relocated Westerly corner of the said C. R. Luedtke First tract for the
most Westerly corner and POINT OF BEGINNING hereof;
THENCE with the Westerly line of the herein described tract being the Easterly
right -of -way line of Shultz Lane the following four courses and distances:
1) N29 °54'16 "E for a distance of 246.97 feet to an iron pin found;
2) N30 °13'38 "E for a distance of 828.28 feet to an iron pin found;
3) N29 °32'35 "E for a distance of 1,427.32 feet to an iron pin found;
4) N29 °57'09 "E for a distance of 1,207.06 feet to an iron pin found for the
Westerly Northwest corner hereof;
THENCE with the Northerly line of the herein described tract being the
Southerly right -of -way line of Shultz Lane the following three courses and
distances:
1) N74 °54'25 "E for a distance of 36.68 feet to an iron pin found for the
Northerly Northwest corner hereof;
2) S60 ° 23'34 "E for a distance of 669.87 feet to an iron pin found;
3) S60 ° 31'41 "E at a distance of 654.23 feet pass an iron pin found in the
Southerly right -of -way of Shultz Lane and continue on with the Southerly
right -of -way of Shultz Lane for a total distance of 656.33 feet to an
iron pin set at a fence corner post being in the fenced Westerly right -
of -way line of the Missouri- Kansas -Texas Railroad right -of -way for the
Northerly Northeast corner hereof;
THENCE with the East line of the herein described tract being the West right -
of -way line of the said Missouri - Kansas -Texas Railroad right -of -way
S21 °22'59 "E for a distance of 1,994.18 feet to an iron pin set at the
Northeast corner of that certain tract of land described as containing 58.40
acres in a deed to John L. Luedtke recorded in Volume 5674, Page 196 of the
Deed Records of Travis County, Texas for the Southeast corner hereof;
THENCE with the South line of the herein described tract being the North line
of the said 58.40 acre John Luedtke tract S53 °28'41 "W for a distance of
2,716.68 feet to an iron pin found at the Northeasterly corner of the said
Wheeler tract and being in the North line of the said 58.40 acre John Luedtke
tract for the Southwest corner hereof;
THENCE continuing with the Southwesterly line of the herein described tract
being the Southwesterly line of the said 184 acre C. R. Luedtke tract and being
the Northeasterly line of the said Wheeler tract N60 °08'09 "W for a distance of
265.23 feet to an iron pin found at the most Westerly corner of the said
184 acre C. R. Luedtke tract and being the most Southerly corner of the said
135.48 acre C. R. Luedtke tract for a corner hereof;
HIBITD PAGE 2
Field Notes 195.92 Acres
for November 9, 1984
John Lloyd Page 2
THENCE continuing with the Southwesterly line of the herein described tract
being the Southwesterly line of the said 135.48 acre C. R. Luedtke tract, same
being the Northeasterly line of the said Wheeler tract N60 °20'25 "W for a
distance of 1,553.15 feet to the POINT OF BEGINNING and containing 195.92
acres of land more or less.
I the undersigned, do hereby certify that the above description represents the
results of an actual survey made on the ground of the properties legally
described herein, they are correct and true to the best of my knowledge and
belief.
STEVE BRANDT
Steve Brandt
Reg. Public Surveyor No. 4126
Surveyed November 6, 1984
EXHIBIT D PAGE 3
560 '2.5 "E 669 B7'
\ \I
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1.--- N
(fi
DO .560‘2/ "4/ '-'
N .1..-1
-.I - - -
.,
N.
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;\
'N
CR. LUEDTKE e 1. ux.
FIRST TRACT
( 135.48 AC )
VOL. 763 PG. 509
EXHIBIT D PAGE 4
/9,!
49.84 Acres
STATE OF TEXAS .
' COUNTY OF WILLIAMSON:
(E(HIBIT E PAGE 1
Memucan Hunt Survey A -314
William Barker Survey A -107
Socrates Darling Survey A -876
FIELDNOTE DESCRIPTION of a tract or parcel of land
containing 49.84 acres, more or less, being situated in the
Memucan Hunt Survey A -314, the William Barker Survey A -109, and
the Socrates Darling Survey A -876, Williamson County, Texas, and
being a portion of that 152.5 acre tract of land conveyed by deed
to B,W. Glenn in Volume 490, Page 534, Williamson County Deed
Records, a protion of that 5.5 acre tract of land conveyed by
deed to Patricia Sue King in Volume 763, Pag 777, Williamson
County Deed Records, a portion of that 171.67 acre tract of land
conveyed by deed to John S. Lloyd recorded in Volume 8444, Page
968, Travis County Deed Records, and a portion of that 139.63
acre tract of land conveyed by deed to John S. Lloyd recorded in „
Volume 8528, Page 851, Travis County Deed Records, and being more
particularly described by metes and bounds as follows:
BEGINNING at a point for the northwest corner of the
aforesaid Lloyd. 171.67 acre tract, also being an angle point in
the southwest line of that 16.244 acre tract conveyed by deed to
Carol Leppin, recorded in Volume 621, Page 719, Williamson County
Deed Records, and-the northeast corner of that 19.31 acre tract
conveyed by partition deed to-Chester F. Micheal, recorded in
Volume 751, Page 53, Travis County Deed Records;
THENCE, leaving the PLACE OF BEGINNING with the common line
of the Lloyd 171.67 acre tract and the Leppir} 16.244 acre tract,
the following six (6) courses:
1) S 89 27' 50" E, 20.73 feet to an angle point;
2) N 85 41' 40" E, 807.04 feet to an angle point;
3) N 85° 33' 40" E, 137.57 feet to an angle point;
4) N 88° 06' 10" E, 91.86 feet to an angle point;
5) N 87° 37' 50" E, 51.'18 feet to' an angle point an ell
corner of the aforesaid Glenn tract;
6) N 88 06' 10" E, 249.09 feet to a point for the
northeast corner of this tract and the Lloyd 171.67
acre tract;
THENCE, with the common line of the Glenn tract and the
Lloyd 171.67 acre tract, S 30° 48' 42" W, a distance of 1686.92
feet to a point for corner in the northwest line of said King
tract;
THENCE, crossing the King and Glenn tracts S 59° 03' 58" E,
pass at 542.00 feet the common line of the King and Glenn tracts,
a distance of 1171.69 feet to a point in the northwest line of
that 2.0 acre tract of land conveyed to T.J. Jacobson, et ux, in
Volume 917, Page 708 of the Williamson County Deed Records, for
the east corner of this tract;
THENCE, with the northwest line of said Jacobson tract, S
31° 06' 44" W, a distance of 102.82 feet to an angle oint of this
tract and the west corner of the Jacobson tract in the northeast
line of the Lloyd 139.63 acre tract;
THENCE, with the common line of the Lloyd 139.63 acre tract
and Jacobson 2 acre tract S 59° 11' 12" E, 276.45 feet to a point
for the most southerly east corner of this tract and the
northwest corner of that 8.00 acre tract of land conveyed by deed
to Luther K. Priem, recorded in Volume 2215, Page 54, Travis
County, Deed Records;
THENCE, with the northwest line of the Priem tract S 31° 06'
48" W, 263.59 feet to a point in the common line of Travis and
49.84 Acres
Page 2
Williamson Counties as described in a re- survey of'said common
line as described in Volume "V" Page 96, Travis County
Commissioners Court Minutes;
THENCE, with said County Line N 55 35' 55" W, pass at
approximately 1449.84 feet the common line of the aforesaid Lloyd
171.67 acre and 139.63 acre tracts, a total distance of 2561.32
feet to a point in the northwest line of the aforereferenced
Micheal 19.31 acre tract;
THENCE, N 30° 18' 10" E, 1129.16 feet to the PLACE OF
BEGINNING, CONTAINING within these metes.ar}d bounds 49.84 acres
of land area.
This description was prepared from record information and
does not represent an actual survey on the ground.
EXHIBIT E PAGE 2
196.97 acres of land out of the P.A. Holder Survey,
A -297, Williamson County, Texas, described in two
deeds recorded in Volume 531, Page 526, and in
Volume 531, Page 528, Deed Records of Williamson
County, Texas.
EXHIBIT "F"
FIELD NOTES
BEING 39.7751 acres ofland out of the Asa Thomas survey, Abstract No. 609,
Williamson County, Texas, and being a portion of a certain 70.0 acre tract of
iland conveyed to Glen Neans and recorded in Volume 534, Page 105, Williamson
County Deed Records, and being more particularly described by metes nd bounds
as follows:
1 )3EGINNING at a 1/2" iron pin found, being the northwest corner of said 70.00
'acre tract, also being in the southerly right -of -way line of Gattis School
IRoad (R.O.W. varies) ; "'
I
/THENCE S 89 16' 00" E, with the south line of Gattis School Road, a distance
of 614.90 feet to an iron pin found, same being the northwest corner of a
;certain 5.00 acre tract conveyed to Tracy Gustafson and recorded in Volume
891, Page 671, Williamson County Deed Records;
PHENCE 17 56' 00" E, a distance of 1459.85 feet to an iron rod found at the
b ase of a fence corner post;
THENCE N 80 50' 24" E, a distance of 538.32 feet to an iron rod found at the
c,ase of a corner fence post;
T HENCE S 17 54' 36" E, a distance of 1410.67 feet to an iron rod found at the
base of a fence corner post, same being the southeast corner of said 70.00
acre tract;
TH ENCE along the west line of said 70.00 acre tract, N 86 29' 32" W, a
distance of 1172.55 feet to an iron rod found for the southwest corner of said
70.00 acre tract;
THENCE along the west ; line of said 70.00 acre tract, N 19 44' 32" W, a
distance of 385.87 feet to an iron rod set, same being the most southerly
,southwest corner of a certain 2.00 acre tract of land conveyed to Jesse Riojas
s and wife, Juanita Riojas and recorded in Volume 772, Page 298, Williamson
County Deed Records;
I T along the southerly and easterly lines of said 2.00 acre tract, the
following four (4) courses and distances;
1.) N 40 20' 11" E, a distance of 378.66 feet to an iron rod found;
2.) 8 06 13' 30" W, a distance of 126.73 feet to an iron rod found;
' 3.) N 14 50' 39" W, a distance of 111.08 feet to an iron rod found;
4.) N 57 06' 18" W, a distance of 30.73 feet to an iron rod found;
/ 8 40 26' 28" E, a distance of 208.33 feet to an iron rod set, same
b eing the point of curvature of a curve to the left, from which an iron rod
b eing the southeast corner of a certain 3.63 acre tract of land conveyed to
Jake Travis Cunningham, and wife Billie Rae Cunningham, and recorded in Volume
831, Page 702, Williamson County Deed Records, bears N 40 26' 28" E, a
distance of 12.20 feet;
(
THENCE the following three (3) courses and distances;
1.) along said curve to the left, a arc distance of 11.60 feet, having a
central angle of 66 27 30 ", a radius of 10.00 feet, and a chord bearing
and distance of N 07 12' 43' E, 10.96 feet to an iron rod set at the
point of reverse curvature and a curve to the right;
2.) along said curve to the right, an arc distance of 60.67 feet, having a
central angle of (A° 05' 02 ", a radius of 430.,00 feet, and a chord
bearing and distance of N 21 58' 31" W, 60.62 feet to an iron rod set;
3.) N 17 56' 00" w, a distance of. 683.22 feet to an iron rod set;
T HENCE $ 72 04' 00" W, a distance of 522.55 feet to an iron rod found in the
west line of said 70.00 acre tract;
THENCE along said west line of said 70.00 acre tract, N 17 56' 00"W, at a
distance of 405.70 feet passing an iron rod found for the southwest corner of
a certain 6.34 acre tract conveyed to Roy Lutz, and wife Carol Lutz, and
EXHIBITG PAGE 1
recorded in Volume 553, Page 517, Williamson County Deed Records, in all a
distance of 1014.31 feet to the POINT OF BEGINNING, containing 39.7751 acres
kof land, subject to easements, conditions or restrictions of record, if any.
I CUNNI f. HAM -GRAVES, INC.
. Stanley Coa ter, R.P.S. 1481
ebruary 14, 1985
Project No. 0361 - 0001.0100
EXHIBITG PAGE 2
BEING 0.1696 acres or,7,386 square feet of land out of the Asa Thomas Survey,
Abstract No. 609, Williamson County, Texas, also being out of a certain 3.63
acre tract of land conveyed to James Travis Cunningham and Billie Rae Cunning-
ham as recorded in Volume 831, Page 702, Williamson County Deed Records, and
out of a certain 7.50 acre tract of land conveyed to James Travis Cunningham
and Billie Rae Cunningham as recorded in Volume 828, Page 659, Williamson Count
Deed Records, being more particularly described by metes and bounds as follows:
BEGINNING at an iron rod found, being th southeast corner of said 3.63 acre
tract;
THENCE S 40 26' 28" W, a distance of 12.20 feet to an iron rod set at the
point of curvature of a curve to the left;
THENCE along said curve to the left an arc distance of 11.60 feet, having a
central angle of 66 27' 30 ", a radius of 10.00 feet and a chord bearing and
distance of N 07 12' 43" E, 10.96 feet to a point of reverse curvature, a
curve to the right;
THENCE along said curve to the right, an arc distance of 60.67 feet, having a
central angle of 08 05' 02 ", a radius of 430.00 feet, and a chord bearing and
distance of N 21 58' 31" W, 60.62 feet to an iron rod set;
THENCE N 17 56' 00" W, a distance of 683.22 feet to an iron rod set;
THENCE N 72° 04' 00" E a distance of 10.00 feet to an iron rod found, being the
northeast corner of said 7.50 acre tract;
THENCE S 17 56' 00" E, a distance of 747.21 feet to the POINT OF BEGINNING,
containing 0.1696 acres or 7,386 square feet of land, subject to easements,
conditions or restrictions of record, if any.
CUNN
HAM - GRAVES, INC.
V rt u�
.�
J. `
Stanley Co 1ter, RPS !11481
February 14, 1985
Project No. 361 0001.0100
FIELD NOTES
EXHIBITG PAGE 3
CUNNINGHAM- GRAVES, INC. AUSTIN, TEXAS
loll � / Of
. Gregor C em- ts, RPS' #4197
March 1, 1985
Project No. 361 - 0001.0100
FIELD NOTES
BEING 2.0040 acres or 87,296 square feet of land out of the Asa Thomas
Survey, Abstract No. 609, Williamson County, Texas, also being all that
certain 2.00 acre tract of land conveyed to Jesse Riojas, et. ux., and
filed for record in Volume 772, Page 298, Deed Records of Williamson
County, Texas, and being further described by metes and bounds as follows:
BEGINNING at an iron rod found, same being the southwest corner of said
2.0040 acre tract, from which the southwest corner of a certain 26.51 acre
tract recorded in Volume 959, Page 492, Deed Records of Williamson County,
Texas, bears S 19 44' 32" E, 385.87 feet;
THENCE N 19 44' 32"W, a distance of 247.39 feet to an iron rod set in the
south line of a certain 3.63 acre tract of land conveyed to J. T.
Cunningham, et. ux., and recorded in Volume 831, Page 702, Williamson
County Deed Records;
THENCE along said south line of the 3.63 acre tract, N 40 26' 28" E, a
distance of 401.85 feet to an iron rod found=
THENCE along the northwest line of said 26.51 acre tract, the following
four (4) courses and distances:
1.) S 57° 06' 18" E, a distance of 30.73 feet to an iron rod found;
2.) S 14 50' 39" E, a distance of 111.08 feet to an iron rod found;
3.) S 06° 13' 30" E, a distance of 126.73 feet to an iron rod found;
4.) S 40 20' 11" W, a distance of 378.66 feet to the POINT OF
BEGINNING, containing 2.0040 acres or 87,296 square feet of land,
subject to easements, c itions or restrictions of record, if any.
CUNNI dHAM- GRAVES, I
EXHIBITG PAGE 4
GREGORY J. CLEMENTS
4197 ct
CSO'
s '
;y7 'fi)
acres on
Bounds L Round as follows:
County. Texas. The
FIELD NOTES describing a 94.334 acre tract or parcel of land situated In
the Asa Thaeas Survey, Abstract No. 609, Williamson County, Texas, being
a Frances lo Hay of
certain Puutnam,es conveyed David Ray
Dedear by Warranty Deed recorded in Volume 869, Page 359, of the Deed
Records of said County, being more particularly described by metes and
bounds as follows:
•
TBEGINNING'•FOR REFERENCE at a point of G a tti s 1 a c hoo l
Road (County Road No. 168),• being
tract° of land conveyed to Fioy Howe and the Northwest corner of said
'000.00 acres; thence 519'19'45 "E, 21.20 feet and N89'45'E, 230.00 feet to
an iron pin set, being the Northeast corner of•..a..5.00.acre tract of.land
conveyed to Vernon L. Jakub and wife, Janeth, H. Jakub by General Warranty
Deed 'recorded in Volume 844, Page 912 of said Deed Records, being the
most Easterly Northwest corner and POINT OF BEGiNNING of the hereinafter
described 94.334 acres;
THENCE along the fenced South right -of -way line of said Gattls School
Road, being the North line hereof, N89 1053.96 feet to an iron pin
fenc e corner o post, being S the 3 Nor t heast corner hereof; 60 -D nail found at a
eof;
THENCE along an East line hereof, S18'58'E, 34.22 feet to an iron pin set
under a fence in the West 124.15 acre
Lawrence, being ananglepoint in the East line of tract
said 100 conveyed 0 acres,nnfor
an angle point hereof; Said 124.15 THECE
andN acres, the fenced the division line the acres
following four (a) •
courses:
(1) 519'39'40'E, 549.68 feet to an iron pin set under said fence, being
an angle paint hereof;
(2) S19'23'E, 828.43 feet to an iron pin set under fence, being an
angle.point hereof;
(3) 519')5'E, 819.49 feet to an iron pin set under said fence, being an
angle point hereof;
(4)
Corner post, 1089.36 feet to a
post, beingtheSoutheastccornereofo found
100 .00 acres, being
the Southeast corner hereof; .
'THENCE along the fenced South line of said 100.00 acres, being tht South
line hereof, 573'30'10"W, 1237.84 feet to an, iron pin set at a fence
corner So thwestacorner being said 100.00 eacres, of Si uthwest corner the
•
1 ac the H19 ° 19 5 45"W 452 acres 42 feet d p
to an
iron pin set, being the Southwest corner of said 5.00 acres, heinq the
most Westerly Northwest corner hereof;
an being thee So of Southeast cor O ner c of s, said 0o 5.00 acres, to
being an
ell corner hereof;
THENCE t along the of aithe 'ChereinS, o9 land
containing 94.334 acres of land more or less.
that t these field l notes and R attached O pla t t a curately�repr hereby esent the results
ot an on- the - ground survey made under my direction and supervision on the
encroac conflicts R11 corners shown. There
ground except as
shown.
46108
EXHIBIT H
11
CL G0 rtAJc.A.
EXHIBIT I PAGE 1
. EXHIBIT "A"
l0! 1 J 1 PAGE
All that certain tract or parcel of land containing 100.6 acres of
land, more or less, 'as being described as follows, to -wit:
BEING 117.16 acres, 32 acres of the Asa Thomas Survey, Abstract
No. 609, 3.0 acres of the C. E. Rowe Survey, 9.3 acres of the
Memucan Hunt Survey, Abstract No. 314, and 72.86 acres of the
Wm. Barker Survey, Abstract No. 107, in Williamson County, Texas,
and being the North part of a 200 acre tract described in a home-
stead designation of record in Volume 255, Page 101, Deed Records
of Williamson County, Texas;
BEGINNING at the upper NE corner of the 200 acre tract set a 4 '
inch square concrete monument at a fence corner in the West line,
of a 30 foot county road, this point standsS 700 vrs. and W 1435
vrs. from the NE corner of the Asa Thomas Survey;
THENCE S 00 deg. 24 min. W 266.94 vrs., with the West line of the
county road to set another monument at a bend in the road on or
near the South line of the Asa Thomas Survey, about 1490 vrs. from
the SE corner of the Thomas Survey in the North line of the C. E.
Rowe Survey; .
THENCE S. 63 deg. E with the South line of the county road at about
75 vrs. cross the South line of the Rowe Survey and the North line
of the Wm. Barker Survey, in all 563.4 vrs. to the point where the
South line of this road is intersected by the West line of another
30 foot county road, set another monument North 63 deg.. W 10 feet
for reference to this corner, the NE coiner of the 200 acre tract;
THENCE S. 29 deg. 15 min. W. with the West line of the County road
457.2 vrs. to set another monument for the South or SE corner of
this tract;
THENCE N 76 deg. 37 min. W. 1024.81 vrs., to set another monument
in the West line of the 200 acre tract for the SW corner of this
tract;
•
1
THENCE N 29 deg. 21 min. E with the fenced West line of the 200
_acre tract, 300.96 vrs., to set another monument for an offset
corner in this West line;
THENCE S 74 deg. W with the fence 57.6 vrs. to set another monument
in a fence corner, the other offset,corner of this line;
THENCE N 19 deg. 20 min. W with a fence line along the upper West
line of the 200 acres tract, 251.46 .vrs., to set another monument at
a fence corner, the NW corner of the 200 acres;
THENCE N 74 deg. 15 min. E with a fence along the North line of the
200 acres, 739.06 vrs. to the point of beginning.
SAVE AND EXCEPT HOWEVER, 17 acres, more or less, from such 117.16
acre tract being described as follows, to -wit:
BEING 17 acres more or less of the Memucan Hunt Survey, Abstract
No. 314 and of the Wm. Barker Survey, Abstract No. 107, in Williamsc
County, Texas, and being out of the North part of a 200 acre tract
described in a homestead designation of record in Volume 255, Page 1
Deed Records of Williamson County, Texas;
BEGINNING at the upper NE corner of the 200 acre tract set a 4 inch
square concrete monument at a fence corner in the West line pf a
30 foot county road, this point stands S 700 vrs. and W 1435 vr
from the NE corner of the Asa Thomas Survey;
EXHIBIT J PAGE 1
„ 191 f ui3UU
EXHIBIT "A” continued
THENCE S 00 deg. 24 min. W 266.94 vrs. with the West line of the
County road to a monument at a bend in the road on or near the
South line of the Asa Thomas Survey, .about 1490 vrs. from the .
SE corner of the Thomas Survey in the North line of the C. E. Rowe
Survey;
THENCE S 63 deg. E with the South line of the County road at about
75 vrs. cross the South line of the Rowe Survey and the North line
of the Wm. Barker Survey, in all 563.4 vrs. to the point where the
South line of this road is intersected by the West line of another
30 foot county road, a monument North 63 deg. W. 10 feet for refer
ence to this corner, the NE corner of, the 200 acre tract;
THENCE S 29 deg. 15 min. W. with the West line of the county road
457.2 vrs. to a monument for the South or SE corner of this tract
and the PLACE OF BEGINNING of this tract;
THENCE N 76 deg. 37 min. W. 1024.81 vrs. to another monument in a
West line of the 200 acre tract for the SW corner of this tract;
THENCE N 29 deg. 21 min. E. with the fenced West line at the 200
acre tract, 194.8 vrs. for the NW corner of this tract;
THENCE S 65 deg. 42 min. E. for a distance of 989.14 vrs. to the
PLACE OF BEGINNING of this tract, containing 17 acres more or less
EXHIBIT J PAGE 2
As s.M,'2'ed By:
4‘
ec 1 . ar, son C is o m
Ree •(.. Public Surveyor No. 4295
C:l
ha, ,1. 1 )85
Job Nu, 219.1.001 -101
FIELD NOTES
'FOR A 59.178 -ACRE TRACT OF LAND OUT OF THE ASA
THOMAS • SURVEY ABSTRACT NO. 609 IN WILLIAMSON
COUNTY, TEXAS, BEING ALSO A PORTION OF A 95.41 -
ACRE TRACT OF LAND IN THE NAME OF FLOY HOWE OF
RECORD IN VOLUME 448, PAGE 392 OF TIIE DEED RECORDS
03F WILLIAMSON COUNTY, TEXAS, SAID 59.178 -ACRE TRACT
"OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
�. BOUNDS AS FOLLOWS:
'lMBEGINNING for reference at a 60d nail found in the southerly ROW
line of Gattis 'School Road being also in the common boundary line of a 5.00 -acre
tract of land'in the name of V.L. Jakub and J.M. Jakub of record in Volume
844, Page 912 of the Deed Records of Williamson County, Texas, and said
95.41 - acre tract of land, thence with the southerly ROW line of Gattis School
Road S89 ° 37'59 "W for a distance of 126.88 feet to an iron rod set for the most
northerly northeast corner and POINT OF BEGINNING hereof;
THENCE, departing said ROW line S19 19'45 "E for a distance of
1427.74 feet to an iron rod set for an inside corner hereof;
THENCE, N73 ° 24'44 "E for a distance of 120.26 feet to an iron rod
set in the fenced common boundary line between a 100 -acre tract of land in the
name of J.M. Stobough of record in Volume 218, Page 180 of the Deed Records of
Williamson County, Texas, and said 95.41 -acre tract of land for the most
southerly northeast corner hereof;
' THENCE, with said common boundary line as fenced S19 ° 19'45 "E at a
oistance of '1760.15 feet pass an iron pipe found, for a total distance of
2293.85 feet to an iron rod found at most southerly common corner of said
100 -aci_ tract and said 95.41 -acre tract for the most southeasterly corner
hereof;
THENCE, with thl southerly boundary line of said 95.41 -acre tract
"73 ?C•a4 "W at 1C ?.84 feet pass a point from which an iron rod found bears
yi5's:'.+2 "E a distance of 2.0 feet, for a total distance of 1095.04 feet to an
iron .•_d found, and from which an iron pipe found hears S73 "23'27 "W for a
di;tznce of 212.32 feet, said iron rod found being the most southwesterly corner
of salo i5.41 -acre tract and t'e most southwesterly corner hereof;
THENCE, with the commo.r boundary line between a tract of and in
the of Mrs. Hedwig Bland of record in Volume 110, Page'284 of the Deed
Recor x of Williamson County, Texas, and said 95.41 -acre tract N18' 56'24 "W for a
disY w of 642.90 feet to an iron rod found at a northeasterly corner of said
Bland tract for an angle point in the westerly line hereof;
THENCE, with common boundary line between a 187 -acre tract in the
came of Doyle Hickerson, et. ux., of record in Volume 526, Page 50 of the Deed
:''a oris of Williamson County, Texas, and said 95.41 -acre tract as fenced
Kc "W a distance of 523 feet and 545 feet pass a centerline of a creek,
for a total distance of 1650.28 feet to an iron rod set for the most southerly
northwest corner hereof;
THENCE, departing said common line N73 ° 24'44"E for a distance of
89i,I:; feet to an iron rod set for an inside corner hereof;
THENCE, N19 ° 19'45 "W for a distance of 1445.48 feet to an iron rod
set in the southerly ROW line of Gattis School Road for the most northerly
port ;r'.st corner hereof;
THENCE, with the southerly ROW line of Gattis School Road
N8' :7'59 "E for a distance of 63.44 feet to the POINT OF BEGINNING hereof.
EXHIBITK
x/r -ss=
Date
FIELD NOTES FOR 68.825 ACRES
EXHIBITL PAGE 1
FIELD NOTES describing a 68.825 acre tract or parcel of land out of the P.A. Holder
Survey, Abstract No. 297, situated in Williamson County, Texas, being all of that
certain 68.81 acres conveyed to John Jackson, Trustee, by Warranty Deed recroded in
Volume 1012, Page 521, of the Deed Records of said County, found this survey to
contain 68.825 acres, being more particularly described by metes and bounds as
follows:
BEGINNING at an iron pin found at the intersection point of the North right -of -way
line of Gattis School Road (County Road No. 168) and the East right -of -way line of
that certain railroad right -of -way granted to The Missouri, Kansas & Texas Railroad
recorded in Volume 112, Page 45, of said Deed Records, being the Southwest corner and
POINT OF BEGINNING of the hereinafter described 68.825 acres;
THENCE along the East right -of -way line of said railroad, being the.,West line hereof,
the following two (2) courses:
1) N21 29'W, 2332.51 feet to an iron pin set, being a Point of Curvature in the East
right -of -way line of said railroad, being a Point of Curvature hereof;
2) along the arc of a curve to the left having elements of delta = 01 19'48 ", radius
= 2914.79 feet, arc = 67.66 feet, tangent = 33.83 feet, chord bearing and chord =
N22 09'W, 67.66 feet to an iron pin set, being the Northwest corner hereof;
THENCE along a North line hereof, S71 15'E, 1.03 feet pass an iron pin found at a
fence corner post, being the Southwest corner of that certain 11.08 acres conveyed to
Leigh H. Loveday and wife, Linda I. Loveday, by Deed recorded in Volume 833, Page
526, of said Deed Records, and continue a distance of 139.30 feet, in all being a
total distance of 140.33 feet to an iron pin found at a fence post, being an angle
point hereof;
THENCE continue along the fence South line of said 11.08 acres, being a North line
hereof, the following two (2) courses:
1) S87 14'E, 16.92 feet to ari iron pin found, being an angle point hereof;
2) S89 48 "E, 746.96 feet to an iron pin found at a fence corner post, being the
Southwest corner of that certain 5.42 acres conveyed to Clay D. Roberts by Deed
recorded in Volume 675, Page 826, of said Deed Records, being the Southeast
corner of said 11.08 acres, being an angle point hereof;
THENCE continue along said fence
a North line hereof, S89 53'50 "E,
post, being the Southwest corner
Curtis and wife, Joasn E. Curtis
Deed Records and the Southeast
hereof;
line, being the South line of said 5.42 acres being
469.79 feet to an iron pin found at a fence corner
of a 4.57 acre tract of land conveyed to Alan Neil
, by Deed recorded in Volume 677, Page 685, of said
corner of said 5.42 acres, being an angle point
THENCE continue 'along said fence line, being the South line of said 4.57 acres, being
a North line hereof, N 89 56'E, 456.08 feet to an iron pin found at a fence corner
post, being the Southeast corner of said 4.57 acres, being the Northeast corner
hereof;
THENCE departing said fence line, in a Southerly direction, being the fenced West
line of a gravel lane, being the East line hereof, SOO 11'W, 2190.93 feet to an iron
pin found in said fenced North right -of -way line, being the Southeast corner hereof;
THENCE along said fenced North right -of -way line, being the South line hereof, N 89
36'W, 935.88 feet to the POINT OF BEGINNING of the herein described tract of land
containing 68.825 acres of land.
I, Steven D. Kallman, A REGISTERED PUBLIC SURVEYOR, do hereby certify that these
field notes and attached plat accurately represent the results of an on- the - ground
survey made under my direction and supervision on the 22nd day of March, 1985. All
corners located are as shown. There are no encroachments, conflicts or protrusions
apparent on the ground except as shown.
STEVEN D. KALLMAN
HAYNIE & KALLMAN, INC.
Steven D. Kaltman,
Registered Public Surveyor No. 3337
Date
Page 1 of 1
1,1;;,, , l;Y
FIELD NOTES:
26, 341 Acp22 )
ALL THAT CERTAIN TRACT OR 1'• CLL OF LAID LYING AND UEING
SITUATED IN WILLIAMSOiN CC''', T:. *.AS, OUT OF T1 1NEMUCAN BUNT
SURVEY, LEING A POR'11O."r' G;' 1HA1' Chh'1'All 7 ?.9 tC Ti ACT OF LAND
AS CONVEYED TO EARTHEL C. 1i1'f,'C :iP;S'.nfl is L'1 F!•:, PHYLLIS LEE HENDERSON
BY DEED DATED APRIL 28, 1967 A:.) , ;ECO:■[)lill 1N VU:,ijr.:: 498, PAGE
526, DEED RECORD$ OF WILL.]AvSON cou ;.' 1, AND BEING 1.1OR1: PARTICU-
LARLY DESCRIBED DY METES AWP BOUNDS AS FO1.LO.5:
WINNING at trn ii pin 1',,,1 „1 set at the hale of a corner fence
post, said point Wing the florLhwe; ;t corner of fluid 72.9 acre
tract and being located in •the cast C0:•1 line of County Road No. 170;
THENCE South 53 °_24'_23” East, 1034.39 feet, with the east line
of said County Road No. 170 to an iron pin found set for the
intersection of said road and a 50 foot wide road casement north
line;
THENCE North 67 ° -2$' East, 1110. 26 feet with the north line of
said 50 foot wide road ensoiient to an iron pin found set for
corner;
THENCE North 17 ° - 17' -00" West, 767.74 foot, with the west line
herein described and the line of the wire fence to a iron pin
found set marking the North East corner;
r
THENCE South 72 49'_38° West, 913.45 feet, with the north line
of said 72,9 acre tract and the line of a wire fence to an iron
pin found for angle point;
THENCE South 72 ° - 41' -04" west, 232.45 foot, continuing with
the north line of said 72.9 acre tract to an iron p;n found at
a fence corner post;
THENCE South 12 ° - 08' -02" East, 12.7): feet, will' the line of a
rare fence to an iron pin found at a fence post corner;
T;Li :cE, South 70 -: 0' West, 588.71 feet, with the line of a
wire fence to the point of BEGlNfllt;C, and containing 26.841
acres of land,'more or less.
R. J. Crenshaw, P.E.
Registered Public Surveyor
No. 2065
EXHIBITM PAGE 1,
DATE
„ :tht; a. 5.35 -acre tract of land situated in the William Barker Survey, of which
3.16 acres are in Abstract No. 107, Williamson County, Texas, and 2.19 acres are
in Abstract No. 109, Travis County, Texas, and also being a part of that certain
152.5 -acre tract of land conveyed by deed to B. W. Glenn as recorded in Volume
289, Page 255, Deed Records of Williamson County, Texas, and being more particularl
described as follows:
BEGINNING at an iron pin set in the East line of said Glenn 152.5 -acre tract, for
the N.E. corner hereof; said corner being S 29 47' W, 149.85 feet, S 30 00' W,
915.64 feet and S 29° 57' W, 1256.45 feet from concrete monument found in the
South line of County Road No. 170 marking the N.E. corner of said Glenn 152.5 -acre
tract;
THENCE, S 29 57' W, 367.73 feet with said East line of Glenn 152.5- acre tract
to an iron pin set by corner poet marking the most easterly S.E. corner of said
.Glenn 152.5 - acre tract, for the most easterly S.E. corner hereof;
THENCE, S 55 00' W, 20.03 feet to an iron pin set by corner post marking the most
westerly S.E. corner of said Glenn 152.5 -acre tract, for the most webterly S.E.
corner hereof;
THENCE, with South-line of said Glenn 152.5 - acre tract, N 65 11' W, 277.37 feet
to an iron pin set and N 59 58' W, 291.70 feet, crossing the common county line
between Travis and Williamson Counties, to an iron pin set, for the S.W. corner
hereof;
THENCE, N 30° 00' E, at 385.80 feet pass an iron pin set in South line of Glenn
Drive (an existing 50 foot - wide road easement) continuing a total distance of
410.80 feet to the point of intersection of the centerline of said 50- foot -wide
road easement extending to the North and West, for the N.W. corner hereof;
THENCE, S 60 00' E, at 25.00 feet pass an iron pin set in the now East line of
said existing 50 -foot -wide road easement, continuing a total distance of 576.34
feet to the place of BEGINNING and containing 5.35 acres of land.
EXHIBIT N PAGE 1
BEING a 5.19 acre tract of land, of which 0.02 acre is situated in the
Memucan Hunt Survey, Abstract No. 314. and 5.] 7 acres are situated in
the William Barker Survey, Abstract No. 107, Williamson County, Texas,
and also being a part of that certain 152.5 acre tract of land conveyed
by deed to B. W. Glenn as recorded in Volume 490., Page 534, Deed Records,
Williamson County, Texas. Surveyed on the ground in the month of
September, 1976, by R. T. Magness, Jr., Registered Public Surveyor, and
being more particularly described as fo'Ylows:
BEGINNING at an iron pin set in the South line of said Glenn 152.5 acre
tract for the S. E. corner hereof, said corner being the S. W. corner of
that certain 5.35 acre tract of land conveyed by deed to Elmer Beese as
and d
recorded rd in Volume 787. Page 776, Deed Records, Williamson County, Texas
57' a 16 n feet, 2 47' W. 149.85 feet, S 30 00' W, 915.64 feet, S29'
N 58' 5 N , S 55 00 W, 20.03 feet N 65' 11' W, 277.37 feet and
291.70 feet from a concrete monument found in
of County Road No. 170 marking the N. E. corner of said Glenne152.�5hacreline
tract;
THENCE. N.59 58' W,. 550.00 feet With said south .line to iron
pin set for
the S. W. corner hereof;
THENCE, N 30° 00' E. at 385.40 feet pass iron pin marking the S. W. corner
of existing 50 foot wide Road Easement, continuing a total distance of
410.40 feet to iron pin set marking the we end of the centerline of
said
50 foot wide Road Easement for the N.W. corner hereof;
THENCE. S 60' 00' E. 550.00 feet with said centerline of 50.00 foot wide
road easement to iron pin marking the East end of said center line of 50.00
foot wide road easement for the N
corner hereof. said corner also being
the N.W. corner of said Beese 5.35 acre tract;
THENCE, S 30 00' W, 410.83 feet to the Place of BEGINNING and containing
5.19 acres of land.
EXHIBIT 0 PAGE 1
City of Round Rock
214 East Main
Round Rock, Texas 78664
Gentlemen:
Drafts
1985. All
Credit No.
are to be
negotiating
Drafts
Rock City
Southeast
advertised
with the lo
* * * * * ** *USE LETTERHEAD OF ISSUING BANK * * * * * * **
DATE
Re: Irrevocable Letter of Credit
No.
Amount of Credit: $
Customer's Name:
You are authorized to draft on [NAME OF ISSUING BANK] for the
account of [NAME OF CUSTOMER] up to an aggregate amount
of ($ ), United States Currency available by
your drafts at sight.
must be drawn and negotiated on or before December 31,
drafts must be marked "Drawn Under [NAME OF ISSUING BANK],
, Dated , 1985" and the amounts drawn
endorsed on the reverse side of this letter by the
bank.
must be accompanied by a letter signed by either the Round
Manager or City Engineer certifying that bids for the
Round Rock WasteWater System Improvements have been
and that the City is prepared to enter into a contract
west and best bidder.
We hereby agree with drawers, endorsers, and bona fide holders
that all drafts drawn by reason of this credit and in accordance with
the above conditions will meet with due honor on presentation at the
offices of [NAME OF ISSUING BANK].
Yours truly,
[AUTHORIZED SIGNATURE OF OFFICER OF
ISSUING BANK]
EXHIBIT P
JWATERAG
SOUTHEAST ROUND ROCK WATER SERVICE AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into on this % eti day
A of @ �t�� , 1985, by and between the City of Round
Rock, Tex s City ") and Round Rock County Road 170 Ltd., Round
Rock Industrial Park, a Texas General Partnership, John Lloyd
Development, Gensie Burnett Hemphill and Holly Hemphill Cramerus,
Charles D. Becker, Trustee, North University Business Park Joint
Venture, Ernest Lawrence, James K. Eichleberger, Jr., DeDear
Company, a Texas General Partnership, Topletz Development Co., Glen
C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife,
Louann Elizabeth Davidson, ( "Landowners ").
Recitals
WHEREAS, Landowners own 1,121.4487 acres of land out of a total
of approximately 2,000 acres contained in an area generally
southeast of the City's limits, said area being designated as the
"Study Area" in Exhibit "A" attached hereto, and
WHEREAS, the Study Area does not presently have access to any
municipal water service, and
WHEREAS, a study performed by the engineering firm of Haynie &
Kallman, Inc. has determined that in order for the Study Area to
have access to City's water system, certain improvements consisting
of a water storage tank, booster pump station and transmission
lines must be constructed, and
WHEREAS, Haynie & Kallman, Inc. estimate that the cost of
constructing said improvements is $3,411,453.00, and estimate that
the completion date will be September 1986, and ,
WHEREAS, the City does not have current funds available for the
construction of said improvements, and
WHEREAS, in order to construct the needed improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Landowners wish
to jointly finance the construction of the improvements, and to
contract with the City to administer the construction of the
improvements, Now Therefore, It is Agreed That:
I.
Landowners own the number of acres within the Study Area as
indicated below:
MORE
PARTICULARLY
DESCRIBED IN
NAME NUMBER OF ACRES EXHIBIT
1. Round Rock County Road
170 Ltd. 83.646 "B"
2. Round Rock Industrial Park 142.91 "C"
3. John Lloyd Development 117.50 "D"
4. John Lloyd Development 49.00 "E"
5. Gensie Burnett Hemphill
and Holly Hemphill Cramerus 196.97 "F"
6. Charles D. Becker, Trustee 41.9487 "G"
7. North University Business
Park Joint Venture 100.00
8. Ernest Lawrence 124.00 "I"
9. James K. Eichleberger, Jr. 100.60 "J"
10. DeDear Company 59.178 "K"
11. Topletz Development Co. .68.825 "L"
12. Glen C. Anderson, Trustee 26.841
13. Elmer Beese 5.35 "N"
14. Thomas Joel Davidson and
wife, Louann Elizabeth
Davidson 5.19 "0"
II.
The capacity of the water system improvements to be constructed
shall be measured in terms of Living Unit Equivalents (LUE's). A
LUE is defined as that unit of development which consumes the same
amount of water as is consumed by a detached single family dwelling
unit. For the purpose of this agreement an LUE is deemed to consume
1440 gallons per day of water. Landowners agree to reserve for
their respective tracts of land and the City agrees to provide the
number of LUE's in the improvements as indicated below:
NAME LUE's
1. Round Rock County Road
170 Ltd. 526
2. Round Rock Industrial Park 715
3. John Lloyd Development (117.5 acres) 150
4. John Lloyd Development (49 acres) 640
5. Gensie Burnett Hemphill and
Holly Hemphill Cramerus 960
6. Charles D. Becker, Trustee 251
7. North University Business
Park Joint Venture 450
8. Ernest Lawrence 460
9. James K. Eichleberger, Jr. 500
10. DeDear Company 200
11. Topletz Development Co. 252
12. Glen C. Anderson, Trustee 275
13. Elmer Beese 25
14. Thomas Joel Davidson and wife,
Louann Elizabeth Davidson 25
2.
The number of LUE's for residential uses shall be determined as
follows:
TYPE OF
RESIDENTIAL UNIT
Single Family Detached 1.0
Duplex 0.9 per unit
Tri -plex, four -plex and
multi - family 0.7 per unit
The number of LUE's for commercial and industrial use shall be
determined in accordance with the following formula:
Building Area X 6 X Land Area in Acres = LUE's
Land Area
As used herein the term "Building Area" includes only the
footprint of each commercial /industrial building and does not
include driveways, walkways, etc.
Landowners shall be entitled to allocate their LUEs to their
respective tracts, or any portion thereof, as they deem advisable.
In the event of transfer of any respective tract, or any portion
thereof, the City, unless notified as set forth hereinafter, may
deem that a pro rata number of LUEs are transferred with the
conveyed property in accordance with the ratio between the area of
the conveyed property to the total area of the property of the
Landowner owning such property at the inception of this Agreement.
Provided, however, any Landowner may designate in writing to the
City the amount of LUEs transferred with the conveyance of any
tract of any portion thereof.
Landowners shall not be permitted to transfer or assign their
right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof;
2. To any other Landowner;
NUMBER OF
LUE's
3. To any property not described in the Exhibits hereto,
provided such property shall be (i) adjacent and abutting
to property described in the Exhibits hereto and (ii)
owned by a Landowner who retains ownership of the adjacent
and abutting property described in the Exhibits hereto.
As stated above, the estimated cost of the improvements
including ten percent (10%) for engineering fees and ten percent
(10%) for unforeseen contingencies is $3,411,453.00. In addition,
the City shall be entitled to a fee of $10,000.00 for administering
this contract, for a total estimated project cost of $3,421,453.00.
The administrative fee shall include all expenses and fees of the
City Attorney, City Engineer and other members of the City Staff
for negotiating bidding and administering the project and
construction of the facilities contemplated herein. This fee is not
in lieu of any development fees required by ordinance for the
actual development of Landowners' property.
IV.
Each Landowner agrees to pay their share of the total project
cost as estimated in Appendix I, which amount is equal to certain
3.
onsite costs attributable to each tract plus their pro rata share
of the remaining cost. The Landowner's share of said remaining
costs shall be equal to the percentage that each Landowner's number
of reserved LUE's bears to the total number of LUE's reserved by
all Landowners. The total amount due from each Landowner is
hereinafter referred to as Landowner's "pro rata share."
Upon execution of this Agreement by each Landowner, said
Landowner shall deposit with the City Finance Director cash or
certified funds in an amount equal to ten percent (10%) of the
Landowner's pro rata share of the estimated project cost, which
amount shall be used for design, engineering, and payment to the
City of its administrative charge. Within ten (10) days of
receiving notice from the City that the Mayor has executed this
Agreement, each Landowner shall deposit with the City an
irrevocable letter of credit in the amount of the remainder of each
Landowner's pro rata share issued by a financial institution whose
principal office is within the State of Texas, in the form attached
to this Agreement as Exhibit "P ".
The City Engineer and the engineering firm of Haynie & Hallman
shall immediately proceed to design the necessary improvements to
the City water system to provide line capacity to the Landowners
property in the number of LUEs reserved. The City, upon receipt of
satisfactory design plans and specifications, shall immediately
cause the project to be bid in accordance with normal City
procedures.
In the event the amount of the bid which the City deems best
and acceptable is less than or equal to the total estimated project
costs as set forth in Section III plus ten percent (10%), then in
such event, each Landowner agrees to pay his pro rata share of the
total actual project cost including any increase. In the event of
any increase, each Landowner agrees to provide a substitute letter
of credit in the appropriate adjusted amount within ten (10) days
upon receipt of written request from the City. In the event the
acceptable bid exceeds the total estimated project cost by more
than ten percent (10%), the City and Landowner shall meet as soon
as possible to discuss alternatives to the acceptable bid. Any
Landowner shall have the option to withdraw from the Agreement
within ten (10) days from the date of such meeting. Failure of any
Landowner to provide notice to the City in writing of their intent
to withdraw within such ten (10) day period shall be deemed to be
such Landowners agreement to pay his pro rata share of the total
actual project cost, including any increase. Each Landowner shall
provide a substitute letter of credit in the appropriate adjusted
amount within ten (10) days after receipt of written request from
the City, -which request shall not be sent until after the meeting
described above has taken place. In the event any Landowner takes
the requisite action required hereunder to withdraw from the
Agreement, such Landowner's liability hereunder shall immediately
terminate and shall be returned its letter of credit, undrawn,
marked on its face "Cancelled ", but shall not receive any refund of
the cash monies previously deposited with the City.
In the event the acceptable bid is less than the total
estimated project cost as set forth in Section III above, then in
such event, each Landowner shall be entitled to substitute their
respective letter of credit with an identical letter of credit in
an adjusted amount equal to the pro rata share of such Landowner in
the acceptable bid plus ten percent (10%) contingency. In the event
there are cost savings during the term of the construction of the
improvements contemplated hereunder, upon completion of the
improvements and their acceptance by the City, any remaining cash
funds plus interest thereon held by the City Finance Director in
4.
the account set forth pursuant to Section V hereof, shall be
refunded to the Landowners pro rata in accordance with their
respective contribution to the total project cost.
V .
The City agrees that all funds received by the City pursuant to
the terms of this contract shall be held by the City in a separate
interest bearing account and with the exception of the
administrative fee, shall not be spent for any purpose other than
for costs directly associated with the design and construction of
the improvements contemplated herein. The account shall be
administered by the City Finance Director in accordance with his
standard practices regarding City Funds so as to obtain the maximum
practical level of interest consistent with other City deposits.
VI.
Landowners understand that the actual placement of the water
line will result in some tracts being crossed by the line and some
tracts not having immediate access to the line. The landowners who
own tracts actually crossed by the line agree to grant to the City
at no cost, reasonable easements for the placement, construction,
maintenance and repair of the line.
Landowners also agree to grant to the City at no additional
cost reasonably required easements for the placement, construction,
maintenance and repair of any "feeder" lines to provide water
service to outlying tracts. While every attempt will be made to
locate the required easements along property lines and other
locations most convenient to Landowners, it is understood this is
not always possible. It is agreed that the final determination of
the best location for the easements will be made by the City in
conjunction with Haynie & Kallman, Inc.
VII.
It is understood and agreed by Landowners that at the present
time the city does not have the actual major transmission line and
treatment plant capacity to provide water service for all future
growth that is expected to occur in the City's water service area
in general, or the Study Area in particular. In anticipation of
significant growth, the City has adopted a five year Capital
Improvement Program which includes expansion of the transmission
system and treatment plant capacity. However, due to circumstances
beyond the control of the City and which are not presently
contemplated by the parties, the necessary transmission system and
plant expansion might be delayed or even cancelled.
Accordingly, while Landowners have reserved capacity in the
water system improvements contemplated herein, no capacity in the
existing or future treatment plants is being reserved. Available
capacity in the treatment plant(s) will be allocated to users in
the entire service area on a "first come - first served" basis as
water service is actually needed.
VII.
Landowners understand that the improvements shall be and remain
the sole property of City and that Landowners shall have no
ownership interest whatsoever in the improvements, whether during
construction or upon final completion.
VIII.
It is understood and agreed by Landowners that the City Council
has adopted a policy that generally requires that property be
5 .
•
annexed to the City before utility services are provided, and that
this contract shall in no manner be construed as altering or
amending that policy and that annexation will probably be required
before the property is actually served with utilities. However for
those tracts which are currently, or may become, outside the
extraterritorial jurisdiction of the City, the City does agree that
they will not be refused service merely for the reason that they
cannot be annexed to the City.
IX.
This contract shall not be construed to exempt Landowners from
the payment of any development, service, or permit fee otherwise
required by ordinances of the City.
x.
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees and
costs.
C. This contract shall be binding upon and inure to the benefit
of the parties hereto and their respective legal representatives,
successors and assigns where permitted by this agreement.
D. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and
this contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
E. This contract constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the within
subject matter.
F. This contract is executed in multiple originals on the dates
indicated beside each signature and shall be effective as of the
date executed by the Mayor of Round Rock.
G. This contract shall not become effective unless executed by
all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the City to the party depositing same.
if ST:
AO
A100 .140-e i i .„/L/
:A=nne Land, City Secretary
CITY OF ROUND ROC
By:
Mike Robinson, Mayor
6.
r
(date)
LANDOWNERS:
1. ROUND ROCK COUNTY ROAD 170, LTD.
By:
Robert S. Swinn - ,
General Partner
By:f 4/- T1)/�f� 6 i
Ste en L. Tebo, / (ate)
General Partner
2. ROUND ROCK INDUSTRIAL PARK
By: O4ME DEveLoPMEJT CORPbk4rlon)
General Partner (hate)
By:
General Partner (date)
3. JOHN LLOYD S DEVELOPMENT
JwI U y.45 ) 1R�SiA r
,M�wL 23 q+$ S
Soves (y,„e y_7rL (date)
4.
-�7 l 9 gS
GE ;; E BUR „ HEMPHILL 1 (date)
6. North University Business Park
Joint Venture
By: Southwest Ra -• ber Co.
j int vent
i
By 46 A
and
By: 1325 Incorporate (joint venturer)
By
Ma:( Kug)
r resident (date)
7.
Ernest Lawrence
7.
6.1
, Trustee (. ate
r,President (date)
s -/7
(date)
By: t./l�� v �� ✓
Barry D. Kendrick, (date)
General Partner
10. Topletz Development Co.
8. e 1:9J
/
ICHLEBERGER, JR. (date)
. ..via
9. DeDEAR COMPANY,
A Texas General Partnership
11.
GLEN C. AND RSON, Tr s ee
12 G % -2P�2i
ELMER BEESE
te)
(date)
BEESE
OUANN ELIZABE DAVIDSON (date)
8.
APPENDIX I
SOUTHEAST ROUND ROCK
INDIVIDUAL OWNER WATER SYSTEM COST
L.U.E. Cost
Landowner L.U.E. On -Site ($575 /L.U.E.) Total Cost
1. Round Rock County 526 $ 61,809 $ 302,367 $ 364,176
. Road 170 Ltd.
2. Round Rock Industrial 715 $ -0- $ 411,012 $ 411,012
Park
550 316,163. 316,1
�
3. John Lloyd Development . $ -0- $ $G�'2' �i $
4. John Lloyd Development 640 $ -0- $ 367,898 $ 367,898
5. Gensie Burnett Hemphill 960 $ 5,538 $ 551,848 $ 557,386
and Holly Hemphill
Cramerus
6. Charles D. Becker, 251 $ -0- $ 144,285 $ 144,285
Trustee
7. North University
Business Park Joint
Venture
8. Ernest Lawrence
450 $ 88,613 $ 258,679 $ 347,292
i_44 1I9�1U3 1;
,42 $ 144, 67 6 $ 04427 $
* 8,(a) Unsold L.U.E'S 60 34,490. 34,490.
9. James K. Eichelberger, 500 $ -0- $ 287,421 $ 287,421
Jr.
10.. DeDear Company 200 $ -0- $ 114,968 $ 114,968
11. Topletz Development Co. 252 $ -0- $ 144,860 $ 144,860
12. Glen C. Anderson, 275 $ - 0 - $ 158,081 $ 158,081
Trustee
13. Elmer Beese 25 $ -0- $ 14,373 $ 14,373
14. Thomas Joel Davidson 25 $ -0- $ 14,372 $ 14,372
and wife, Louann
Elizabeth Davidson
Totals 5,429 $ 300,636 $3,120,817 $3;421,453
* Due to Ernest Lawrence's decision to not participate, the "on- site" cost
attributable to his tract will be assumed by the participants on a pro -rata
basis, as stipulated in paragraph IV of the attached agreement. Since John
Floyd Development has agreed to assume 400 LUE's of Lawrence's 460, 60 LUE's
will be considered as "unsold. "'
FIELD NOTES FOR SWINNEY /TEBO INTERESTS:
BEING 83.646 acres (3,643,614 Square Feet) of land, situated in the Asa
Thomas Survey, Abstract No..608, in Williamson County, Texas; said land
being that certain tract of land, called 38.21 acres (1,664,466 Square
Feet) as conveyed to Round Rock County Road 170 LTD., by deed as recorded
in Volume 1001, Page 946, of the Deed Records of Williamson County, Texas,
that certain tract of land, called 4.00 acres (174,240 Square Feet), as
conveyed to Round Rock County Road 170 LTD., by deed as recorded in Volume
1002, Page 14 of the Deed Records of Williamson County, Texas, that certain
tract of land, called 22.50 acres (980,100 Square Feet), as conveyed to
Round Rock County Road 170 LTD by deed as recorded in Volume 1002, Page 01,
of the Deed Records of Williamson County, Texas, and that certain tract of
land, called 18.94 acres (824,808 Square Feet) as conveyed to Round Rock
County Road 170 LTD., by deed as recorded in Volume 1018, Page 210 of che
Deed Records of Williamson County, Texas. Surveyed on the ground in che
month of July, 1984, under the supervision of R. T. Magness, Jr., Registered
Public Surveyor, and being more particularly described as follows:
BEGINNING at an iron pin found at a fence corner marking the N.E. corner of •
the above referenced 18.94 -acre tract, for the N.E. corner hereof;
THENCE, with a fence, S 2° 44' 30" W, 670.40 feet to an iron pin found at a
fence corner marking the most northerly corner of that certain tract of land
called 0.049 of an acre, as conveyed to Bunny Neyens by deed as recorded in
Volume 817, Page 710 of the Deed Records of Williamson County, Texas; also
being the N.W. corner of that certain tract of land called 11.30 acres, as
conveyed to Bunny Neyens by deed as recorded in Volume 817, Page 708 of the
Deed Records of Williamson County, Texas, and S 2° 27' 30" W, 607.13 feet,
to an iron pin found on the north line of County Road No. 170, marking the S.W.
corner of the said 0.049 of an acre tract, the S.E. corner of the said 18.94
acre tract for the S.E. corner hereof;
THENCE, with a fence, along the said north line of County Road No. 170, as
follows:
N 58° 31' W, 121.35 feet to an iron pin found;
N 76 28' 30" W, 61.39 feet to an iron pin found;
S 84° 05' W, 73.89 feet to an iron pin found;
S 63° 15' 30" W, 59.71 feet to an iron pin found;
S 54 13' 30" W, 191.61 feet to an iron pin found;
S 55° 43' 30"W, 227.35 feet to an iron pin found;
S 61° 40' 30" W, at 52.20 feet pass the S.W. corner of the said 18.94
acre tract and the S.E. corner of the above - referenced 22.50 acre
tract for a total distance of 67.34 feet to an iron pin found;
S 71 00' 30" W, 366.31 feet to an iron pin found;
S 75° 40' W, 87.98 feet to an iron pin found;
S 77° 52' 30" W, at 168.04 feet pass the S.W. corner of the sa7d
22.50 acre tract and the S.E. corner of the above - referenced 38.21
acre tract for a total distance of 358.04 feet to an iron pin found; and
S 75° 41' W, 464.79 feet to an iron pin found marking the S.W. corner
of the said 38.21 acre tract, for the S.W. corner hereof;
THENCE, with a fence along the west line of the said 38.21 acre tract, as
occupied, being the west line of an existing access easement granted to
Manville Water Supply Corporation of record in Volume 642, Page 600 of the
Deed Records of Williamson County, Texas, as follows:
N 13 °. 53' W, 166.00 feet to an iron pin found;
N 14° 43' 30" W, 520.78 feet to an iron pin found;
N 18° 14' W, 184.48 feet to an iron pin found;
N 18° 59' 30" W, 371.60 feet to an iron pin found and
N 18 44' W, 561.54 feet to an iron pin found at a fence corner marking
the S.W. corner of that certain tract of land called 2.04 acres, as
conveyed to Manville Water Supply Corporation by deed as recorded in
Volume 642, Page 600 of the Deed Records of Williamson County,Texas,
for the most westerly N.W. corner of the said 38.21 acre tract for
the moat westerly N.W. corner hereof;
Job No. S 2019 -
Page 1 of 2
EXHIBITB PAGE 1
Steger Bi33eLl, inc.
CONSULTING [MONKERY - OUNVETGB1
P. O BOX 658 • GEORGETOWN, TX )66]6
FIELD NOTES FOR SWINNEY /TEBO INTERESTS, Cont.
THENCE S 86° 12' 30" 8, 309.46 feet to an iron pin found at a fence coiner
marking the S.E. corner of the said 2.04 acre tract, an interior corner of
the said 38.21 acre tract, for an interior corner hereof;
THENCE N 18 41' W, 309.58 feet to an iron pin found at a fence corner
marking the N.E. corner of the said 2.04 acre tract, the most northerly
N.W. corner of the said 38.21 acre tract, for the most northerly N.W.
corner hereof;
THENCE, with a fence, S 85 54' E, 862.48 feet to an iron pin found, S 85
48' 30" E, at 270.00 feet pass the N.E. corner of the said 38.21 acre tract
and the N.W. corner of the said 22.50 acre tract, for a total distance of
575.37 feet in all to a 40d nail found, S 86° 06' E, at 283.36 feet pass
the N.E. corner of the said 22.50 acre tract and the N.W. corner of the said
18.9Z acre tract for a total distance of 414.95 feet to a 40d nail found and
S 86 28' 30" E, 457.13 feet to the place of BEGINNING and containing 83.646
acres of land.
NOTE:
The above - described tract of land is subject to an existing access easement
along the entire most southerly west line.
STATE OF TEXAS
COUNTY OF WILLIAMSON 1
I, R. T. Magness, Jr., Registered Public Surveyor, do hereby certify that
this survey was made on the ground during the month of July, 1984, of
the property reflected hereon, for the benefit of and reliance of Round
Rock County Road 170 LTD, Glen Anderson, Trustee and First American Title
Company, the description contained hereon is correct, the property has
access to and from a dedicated roadway as shown hereon, except as shown
hereon, there are no apparent discrepancies, apparent conflicts, shortages
in area, encroachments, improvements, overlapping of improvements, set -back
lines, easements or roadways, the square footage as shown hereon is correct,
the area of the subject propety is shown, if any, which lies within the 100 -
year floodplain or any area having special flood hazards as designated by a
governmental agency, and there is no physical evidence of possession of the
property by any party except as shown hereon.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Willsamson County,
Texas, this the 6th day of July, 1984, A. D.
JP./
9
R. T. Magness, Jr. : t�
•
lh
Job No. S 2019 -20
Page 2 of 2
Regi ered Pu •'lrvey o 1433
R 1 MAGNE55, J . /
7 433 •••
t °• O
KNOW ALL MEN BY THESE PRESENTS:
EXHIBIT B PAGE 2
Steger B tno.
CONSULTING SNOOKERS - SURVIYOI,I
P.O. SOX ass • OZOponowu, TO 7w2
:.•;. 1 .+crr:. of land •.ltunted'in the Memucan Hunt Survey, Abstract
Lu. 3)4 and the Wm l..rker Survey, Abstract No. )07 in Wil)iam'•on County,
Ti>•,is, and said Sr. W g,irker Survey, Abstract No. 109 in Travis C1.unty,
Texas, of which a ppro>.i a•at 141.22 ac res are situated in Willfen••,on
County, T0>.as, and 0 05 of an acre is situated in Travis County, Texas;
.aid land being a portion of that certain tract of ]and called 152.5
acres as•conveyed re 5. l.'. Glenn by deed as recorded in Volume 4 90,
Page 534 of the Deed Records of Williamson County, Texas, and a portion
of that certain tract of land called 44.0 acres as conveyed to P. w. Glenn
by deed as recorded in Volume 260, Page 368 of the Decd Records of
Williamson County, Texas. Surveyed on the ground in the month of February,
1984, under the supervision of R. T. Magness, Jr., Registered Public Sur-
veyor, and being more particularly described as follows:
SEGINN7NG at an irur pin found at a fence corner on or near the !: E
corner of the Socrates Darling Survey, Abstract No. 876 in Williamson
County, Texas, and an interior corner of the said Memucan Hunt Survey
in the West line of said 152.5 -acre Glenn tract marking the S.E. corner
of said 44 .0 -acre Glenn tract, marking an interior corner hereof;
1HEt;CE S 87° 20' 30" W, 249.00 feet, with a fence on [he South line of
said 44 .0 -acre Glenn tract, to an iron pin found marking the S.E. corner
of that certain tract of land called 0.92 of an acre as conveyed to
C. C. Jacobson by deed as recorded in Volume 689, Page 449 of the heed
t :eco.rds of Williamson County, Texas, marking the most southerly N.W.
Lerner hereof;
TnE:•Ci: 14° 09' W, 808.67 feet to an iron pin found in the South line
of County Road No. 170 marking the N.E. corner of said 0 .92 -acre Jacob-
son tract, marking the N.W. corner hereof;
:HSNCE, with the said South line of County Road No. 170, as follo,;
N 72° 27' 30" E, 441.17 feet to an iron pin found; N 55 15' F.,
297.91 feet to an iron pin found; N 52 14' E, 123.22 feet to
an iron pin found; N 62° 23' 30" E, 83.72 feet to an iron pin
found; 5 82° 26' 30" E, 86.87 feet to an iron pin found; S 66°
57' 30" E, 138.44 feet to an iron pin found; S 51° 43' 30" E
passing the N.E. corner of said 44 .0 -acre Glenn tract and the
N 0, corner of said 152.5 -acre Glenn tract, 787.99 feet to an
iron pin found; S 51 56' 30" E, 174.86 feet to an iron pin
found; and S 51° 50' E, 261.69 feet to an iron pin found mark-
ing the N.W. corner of chat certain tract of land called 5.04
.+tres as conveyed to F. Arnold by deed as recorded in Volume 686,
Page 241 of the Deed Records of Williamson County, Texas, marking
tr,e most westerly N.E. corner hereof;
S 30 03' W, 439.00 feet, with the West line of said 5.04 -acre
.rnold tract to an
iron pin found marking he
t re +rnold tract, r-_arking anterior g S.W. corner of said S.D4-
an in r corner hereof;
ELCE S 59 57' E, with the .South line of said
524.84 feet pass an iron. pin found in West line of 04 an r3existing ) 50 ` ft+ot t, i: at
rcac easeaent and continuin for a total distance of 549.84 feet., in all,
to an iron pin set in the center of said 50- foot -.:id road
easement. in
the 'n'est line of that certain tract of land called 5.15 acres
to L. C. Scn_artz hy deed recorded in Volume 659, Pe of t he
r••c•c Records of Wi]]ia_son County, 7e>.as, marl.i'ng the S.E. c o e the
°::rd Arnold 5.04 -acre tract, comer of
t, rarLing a northeasterly corner hereof,
109.47 foot, with the
St. } 'C e' °rt le an ire•;: pan set for S.W. ' corner of said tide
the 50-foot-
•rtz tract, for corner of said 5.15 -acre
.+r. .n tcrior toinor hereof;
nth the South line of said 5 .15 -acre Schw,irtz
trac a 25 0oiafe pass an iron pin found in the East line of , aid
nt., ,:nd continuing for a total distance of 57.91
feet, in all, to an iron pin found r the S.E. corner of said 5.15-
acre St. h,arcz react it
the East line of said 152.5 -acre Glenn tract, r,ri-
:nr the C'St .c■u;i:,•i] R
.E, rnrncr hereof,;
I• \1'Ihl7 "A"
one of Tht ee
:EXHIBIT C I'Nt,c 1
S 30 02' W, 386,20 feet,.witli the East line of said 152.5 -acre
t:ltnn tract, to an iron pin found marking the N.E. corner of that certain
tract of land called 5.11 acres as conveyed to J. Burrows by deed as
recorded in Volume 715, Page 929 of the Deed Records of Williamson County,
Texas, ,narking a corner hereof;
]HENCE N•60 00' W, with the North line of said 5.11 - acre Burrows tract,
at 549.91 feet pass an iron pin found in the East line of said 5 0 - foot - wide
road easement and continuing for a total distance of 574.91 feet, in all,
to an iron pin set for the N.W. corner of said 5.11 -acre Burrows tract,
for an interior corner hereof;
THENCE 8 01' 30" W, 386.84 feet, with the said centerline of the
said road easement, i'ron
id5.11-acreBurrowstract, for an interior set
eriorcorrnerhhereof ;corner of
THENCE S 59 59' E, with the South line, of said 5.11 -acre Burrows tract
at 25.00 feet pass an iron pin found in the East line of said 50 -foot-
wide road easement and continuing fora total distance of 574.91 feet,
in all, to an iron pin found marking the'S,E, corner of said 5.11 -acre
Burrows tract in the East line of said 152.5 -acre Glenn tract, marking
corner hereof;
THENCE S 29 58 W, 1160.54 feet, with the said East line of the 152.5 -
acre Glenn tract, passing the Williamson- Travis County line, to an iron
pin found [narking the N.E. corner of that certain tract of land called
5.35 acres as conveyed to E. Beese by deed as recorded in Volume 787,
Pace 776 Of the Deed Records of Williamson County, Texas, marking the
most easterly S.E. corner hereof;
THENCE N 59° 57' W, 1126.51 feet, with the North line of said 5.35 -
acre Beese tract, passing the W illiamson- Travis County line, passing
the N.W. corner of said 5 .35 -acre Beese tract, the N.E. corner of that
certain tract of land called 3.19 acres as conveyed to T. J. Jacobson,
et ux, by deed as recorded in Volume 917, Page 701 of the Deed Records
of Williamson County, Texas; the N.W. corner of said 3.19 -acre Jacobson
tract; the,N.E. corner of that certain tract of land called 2.00 acres
as conveyed to T. J. Jacobson, et ux, by deed as recorded in Volume 917,
Page 768 of the Deed Records of Williamson County, Texas, to an iron
pin set in the centerline of said 50 foot -wide road easement, for the
N•W•'corner of said 2 .00 -acre Jacobson tract, for an interior corner
hereof;
`-.SCE S 30' 01' W, with the West line of said 2.00 -acre Jacobson tract,
at 25.00 feet pass an iron pin found in the South line of said 50 foot - wide
road easement and continuing for a total distance of 410.46 feet, in
all, to an iron pin found in a fence in the South line of said 152.5 -
acre Glenn tract marking the S.W. corner of said 2.00 - acre Jacobson
tract, marking the most westerly S.E. corner hereof;
THENCE, with said fence on the South line of said 152.5 -acre Glenn
tract, as follows:
N 60 22' 30" W, 125.63 feet to an iron pin found and N 59°
47' W, 1046.10 feet, to an iron pin found at a fence corner
marking the S.W. corner of said 1 52,5 -acre Glenn tract on or
near the West line of said Memucan Hunt Survey, marking the
S.W. corner hereof;
THENCE N 30 02' E, 1789.74 feet, with a fence on the West line of said
152.5 -acre Glenn tract, on or near the West line of said Memucan Hunt
Survey, to the place of BEG1hNING and containing 141.27 acres of land.
EXHIBIT 'A"
Page Two of Three
EXHIBIT PQlL 2
Ni!hG ].64 ;, resof 11. situated in th
No. 314 in tilliamson County, Texas; said �land rrbeing au nbofra
certain tract of land called 44.0 acres as convoyed to B W. G e
Glenn W.
decd as recorded in Volume 260, Page
son County, Texas. Surveyed on the ground in the nonthcofdFebruary,i,m-
1984, under the supervision of R. T. Magness, Jr., Registered Public
Surveyor, and being more particularly described as follows:
BEGINNING at an iron pin found In a fence in the South line of said
4 4.0 -acre Glenn tract on or near the most westerly South line of file
said Hemucan Hunt Survey marking the S.W. corner of that certain tract
of land called 0.92 of an acre as conveyed to G. C. Jacobson by deed as
recorded in Volume 689, Page 449 of the Deed Records of Williamson County,
Tcaas, marking the S.E. corner hereof; said point being S 87 20' 30" W,
249.00 feet and and S 86 52' W, 51.18 feet from the S.E. corner of said
44 .0 -acre Glenn tract;
.rH■;;CE S 87 22' W, 9 1.65 feet, with the said fence on the South line
of said 44 .0 -acre Glen:: tract, to an iron pin found marking the S.E.
corner of that certain tract of land called 16.244 acres as conveyed to
Carol Leppin by deed as recorded in Volume 621, Page 719 of the Deed
Records of Williamson County, Texas, marking the S.W. corner hereof;
'.}•r "CE N 14° 09' W, 755.64 feet, with a fence on the East line of said
1 6.244 -acre Leppin tract, to an iron pin found in the South line of
County Road No. 170, marking the N.E. corner of said 1 6.244 -acre Leppin
tract, marking the N.W. corner hereof;
a HE!:CE N 77° 55' E, 89.87 feet with the South line of said Count; Road
• ;•o. 170 to an iron pan found marking the N.W. corner of said 0.92 -acre
C. C. Jacobson tract, marking the N.E. corner hereof;
5 14° 09' E, 800.70 feet, with the West line of said 0.92 -.acre
+acobson tract, to the plare of BEGINNING and containing 1.64 acres of
.and.
EXHIBIT "A"
Page Three of Three
EXHIBIT C rJt 3
PERIMETER FIELD NOTES:
BEING 117.45 acres of land, of which approximately 70.25 acres are situated
in the Asa Thomas Survey, Abstract No. 609, approximately 12.5 acres are
situated in the C. E. Re'.:e Survey, Abstract No. 871, and approximately 3 +.7
acres are situated in the Wm. Barker Survey, Abstract No. 107, in Williamson
County, Texas. Said land being that same land, called 117.46 acres, as
described in a Quit Claim Decd to C. R. Luedtke of record in Volume 62,7, Page
177, of the Deed Records of Williamson County, Texas. Surveyed on the ground
in the month of June, 1934, under the supervision of Don H. Bizzell, Registered
Public Surveyor, and being more particularly described as follows:
BEGINNING at an iron pin found at a fence corner, at the intersection of the
north line of County Road No. 169 and the west line of the M.K.E T. Railroad
right -of -way, marking the S.E. corner of the above - referenced Luedtke tract,
for the S.E. corner hereof, said point being on or near a southerly line of
the Wm. Barker Survey, .Abstract 107;
THENCE along the said west line of the M.K.6T. Railroad right -of -way, N 21 25' W,
passing the common line between the said Wm. Baker Survey, Abstract 107, and the
C.E. Rowe Survey, Abstract 871, passing the common line between the said C. Rowe
Survey, Abstract 871, and the Asa Thomas Survey, Abstract 609, for a total distance
of 4303.64 feet, in all, to an iron pin found at a fence corner on the south line
of County Road No. 168, known locally as Gattis School Road, marking the N.E.
corner of the said Luedtke tract, for the N.E. corner hereof;
THENCE along the said south line of County Road No. 168, N 89 41' W, 840.66 feet
,to an iron pin found at a fence corner , at the intersection of the said south line
of County Road No. 168 and the east line of County Road No. 169, marking the N.W.
corner of the said Luedtke tract for the N.W. corner hereof;
THENCE along the said east and north line of County Road No. 169, as follows;
S 29 17' W, 140.15 feet to an iron pin found;
S 0° 56' W, 763.56 feet to an iron pin found;
S 60 09' 30" E, 2.81 feet to an iron pin found;
5 0° 54' 30" W, 884.41 feet to an iron pin found;
S 0 56' W, passing the said common .line between the Asa Thomas Survey,
Abstract 609 and the C. E. Rowe Survey, Abstract 871, for a total distance
of 844.71 feet, in all, to an iron pin found;
S 37° 31' 30" E, 36.52 feet to an iron pin found;
5 62 14' 30" E, passing the said common line between the C. E. Rowe s
Survey, Abstract 371 and the Wm. Barker Survey, Abstract 107, passing by
or near an interior corner of the said Wm. Barker Survey, Abstract 107,
for a total distance of 1,542.98 feet, in all, to an iron pin found and
S 60 12' 30" E, 1303.03 feet to the place of BEGINNING and containing
117.45 acres of land.
STATE OF TEXAS
9
COUNTY OF WILLIAMSON 1
I, Don H. Bizzell, Registered Public Surveyor, do hereby certify that this
survey was made on the pound of the property legally described hereon and
is correct, and that these are no apparent discrepancies, conflicts,
shortages in area, bound•cry line conflicts, encroachments, overlapping of
improvements, visible utility lines or roads in place, except as shown
hereon, and that said property has access to and from a dedicated roadway,
except as shown hereon.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Williamson County,
Texas, this the j7th day of June, 1984, A. D.
lh
D5n H. Bizzell
Registered Puolic .e rveyor, No. 2218 �: DON 8. BiZZELL
- State of Texas
Job No. 5 1451 -3
KNOW ALL MEN BY THESE PRESENTS:
2218 . .Q
' R'' HIBITD PAGE 1
Steger 6 Bi3:50LL, inc.
CONSULTING CNGiNEE3{ - /5323703/
P 0 0C C 733 • GEORGETOWN. T% 766:3
�t:
Field Notes
for
John Lloyd
A-cs 0 -I 441 s pa✓ceil (akc1cJi a. +ach
mat /t cs in cJ ;I e4 L4 Art
�f
165.92 Acres
November 9, 1984
Page 1
FIELD NOTE DESCRIPTION OF 195.92 ACRES OUT OF THE JOHN VAN WINKLE SURVEY
NUMBER 70 IN TRAVIS AND WILLIAMSON COUNTY, TEXAS, SAID 195.92 ACRES BEING A
PORTION OF THAT CERTAIN TRACT OF LAND DESIGNATED AS FIRST TRACT AND DESCRIBED
AS CONTAINING 135.48 ACRES IN A DEED TO C.R. LUEDTKE, ET UX, RECORDED IN
VOLUME 763, PAGE 509, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS AND BEING A
PORTION OF THAT CERTAIN TRACT OF LAND DESIGNATED AS SECOND TRACT AND DESCRIBED
AS CONTAINING 184 ACRES IN A DEED TO C.R. LUEDTKE, ET UX, RECORDED IN VOLUME
436, PAGE 155, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 195.92 ACRES
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Beginning at an iron pin found in the Easterly right -of -way line of Shultz
Lane being at the relocated Northwest corner of that certain tract of land
described as containing 93.7 acres in a deed to A.G. Wheeler recorded in
Volume 1318, Page 331 of the Deed Records of Travis County, Texas, same being
the relocated Westerly corner of the said C. R. Luedtke First tract for the
most Westerly corner and POINT OF BEGINNING hereof;
THENCE with the Westerly line of the herein described tract being the Easterly
right -of -way line of Shultz Lane the following four courses and distances:
1) N29 °54'16 "E for a distance of 246.97 feet to an iron pin found;
2) N30 °13'38 "E for a distance of 828.28 feet to an iron pin found;
3) N29 ° 32'35 "E for a distance of 1,427.32 feet to an iron pin found;
4) N29 °57'09 "E for a distance of 1,207.06 feet to an iron pin found for the
Westerly Northwest corner hereof;
THENCE with the Northerly line of the herein described tract being the
Southerly right -of -way line of Shultz Lane the following three courses and
distances:
1) N74 °54'25 "E for a distance of 36.68 feet to an iron pin found for the
Northerly Northwest corner hereof;
2) S60 ° 23'34 "E for a distance of 669.87 feet to an iron pin found;
3) S60 °31'41 "E at a distance of 654.23 feet pass an iron pin found in the
Southerly right -of -way of Shultz Lane and continue on with the Southerly
right -of -way of Shultz Lane for a total distance of 656.33 feet to an
iron pin set at a fence corner post being in the fenced Westerly right -
of -way line of the Missouri - Kansas -Texas Railroad right -of -way for the
Northerly Northeast corner hereof;
THENCE with the East line of the herein described tract being the West right -
of -way line of the said Missouri- Kansas -Texas Railroad right -of -way
S21 ° 22'59 "E for a distance of 1,994.18 feet to an iron pin set at the
Northeast corner of that certain tract of land described as containing 58.40
acres in a deed to John L. Luedtke recorded in Volume 5674, Page 196 of the
Deed Records of Travis County, Texas for the Southeast corner hereof;
THENCE with the South line of the herein described tract being the North line
of the said 58.40 acre Joni Luedtke tract S53 ° 28'41 "W for a distance of
2,716.68 feet to an iron pin found at the Northeasterly corner of the said
Wheeler tract and being in the North line of the said 58.40 acre John Luedtke
tract for the Southwest corner hereof;
THENCE continuing with the Southwesterly line of the herein described tract
being the Southwesterly line of the said 184 acre C. R. Luedtke tract and being
the Northeasterly line of the said Wheeler tract N60 °08'09 "W for a distance of
265.23 feet to an iron pin found at the most Westerly corner of the said
184 acre C. R. Luedtke tract and being the most Southerly corner of the said
135.48 acre C. R. Luedtke tract for a corner hereof';
£XHIBITD PAGE 2
Field Notes
for
John Lloyd
THENCE continuing with the Southwesterly line of the herein described tract
being the Southwesterly line of the said 135.48 acre C. R. Luedtke tract, same
being the Northeasterly line of the said Wheeler tract N60 °20'25 "W for a
distance of 1,553.15 feet to the POINT OF BEGINNING and containing 195.92
acres of land more or less.
I the undersigned, do horny certify that the above description represents the
results of an actual survey made on the ground of the properties legally
described herein, they are correct and true to the best of my knowledge and
belief.
sl
STEVE 511%.,91
•
4126
`Bj FI StER�.
V r I
195.92 Acres
November 9, 1984
Page 2
Steve Brandt
Reg. Public Surveyor No. 4126
Surveyed November 6, 1984
EXHIBITD PAGE 3
/3 o,;
f
. ) Jr
C.R. L UEDTKE et. ux.
F /RST • TRACT
(/35,484C.)
VOL. 763 PG. 509
EXHIBITD PAGE 4
/9.
49.84 Acres
STATE OF TEXAS .
' COUNTY'OF WILLIAMSON:
Memucan Hunt Survey A -314
William Barker Survey A -107
Socrates Darling Survey A - 876
FIELDNOTE DESCRIPTION of a tract or parcel of land
containing 49.84 acres, more or less, being situated in the
Memucan Hunt Survey A -314, the William Barker Survey A -109, and
the Socrates Darling Survey A -876, Williamson County, Texas, and
being a portion of that 152.5 acre tract of land conveyed by deed
to B,W. Glenn in Volume 490, Page 534, Williamson County Deed
Records, a protion of that 5.5 acre tract of land conveyed by
deed to Patricia Sue King in Volume 763, Pag 777, Williamson
County Deed Records, a portion of that 171.67 acre tract of land
conveyed by deed to John S. Lloyd recorded in Volume 8444, Page
968, Travis County Deed Records, and a portion of that 139.63
acre tract of land conveyed by deed to John S. Lloyd recorded in ,
Volume 8528, Page 851, Travis County Deed Records, and being more
particularly described by metes and bounds as follows:
BEGINNING at a . point for the northwest corner of the
aforesaid Lloyd. 171.67 acre tract, also being an angle point in
the southwest line of that 16.244 acre tract conveyed by deed to
Carol Leppin, recorded in Volume 621, Page 719, Williamson County
Deed Records, and‘the northeast corner of that 19.31 acre tract
conveyed by partition deed to Chester F. Micheal, recorded in
Volume 751, Page 53, Travis County Deed Records;
THENCE, leaving the PLACE OF BEGINNING with the common line
of the Lloyd 171.67 acre tract and the Leppin 16.244 acre tract,
the following six (6) courses:
1) S 89° 27' 50" E, 20.73 feet to an angle point;
2) N 85 41' 40" E, 807.04 feet to an angle point;
3) N 85° 33' 40" E, 137.57 feet to an angle point;
4) N 88° 06' 10" E, 91.86 feet to an angle point;
5) N 87° 37' 50" E, 51.'18 feet to' an angle point an ell
corner of the aforesaid Glenn tract;
6) N 88 06' 10" E, 249.09 feet to a point for the
northeast corner of this tract and the Lloyd 171.67
acre tract;
THENCE, with the common line of the Glenn tract and the
Lloyd 171.67 acre tract, S 30° 48' 42" W, a distance of 1686.92
' feet to a point for corner in the northwest line of said,King
tract;
THENCE, crossing the King and Glenn tracts S 59° 03' 58" E,
pass at 542.00 feet the common line of the King and Glenn tracts,
a distance of 1171.69 feet to a point in the northwest line of
that 2.0 acre tract of land conveyed to T.J. Jacobson, et ux, in
Volume 917, Page 708 of the Williamson County Deed Records, for
the east corner of this tract;
THENCE, with the northwest line'of said Jacobson tract, S
31° 06' 44" W, a distance of 102.82 feet to an angle oint of this
tract and the west corner of the Jacobson tract in the northeast
line of the Lloyd 139.63 acre tract;
THENCE, with the common line of the Lloyd 139.63 acre tract
and Jacobson 2 acre tract S 59° 11' 12" E, 276.45 feet to a point
for the most southerly east corner of this tract and the
northwest corner of that 8.00 acre tract of land conveyed by deed
to Luther K. Priem, recorded in Volume 2215, Page 54, Travis
County,Deed Records;
THENCE, with the northwest line of the Priem tract S 31° 06'
48" W, 263.59 feet to a point in the common line of Travis and
EXHIBITE PAGE 1
49.84 Acres
Page 2
Williamson Counties as described in a re- survey of'said common
line as described in 'Volume "V" Page 96, Travis County
Commissioners Court Minutes;
THENCE, with said County Line N 55° 35' 55" W, pass at
approximately 1449.84 feet the common line of the aforesaid Lloyd
171.67 acre and 139.63 acre tracts, a total distance of 2561.32
feet to a point in the northwest line of the aforereferenced
Micheal 19.31 acre tract;
THENCE, N 30° 18' 10" E, 1129.16 feet to the PLACE OF
BEGINNING, CONTAINING within these metes and bounds 49.84 acres
of land area.
This description was prepared from record information and
does not represent an actual survey on the ground.
EXHIBIT E PAGE 2
196.97 acres of land out of the P.A. Holder Survey,
A -297, Williamson County, Texas, described in two
deeds recorded in Volume 531, Page 526, and in
Volume 531, Page 528, Deed Records of Williamson
County, Texas.
EXHIBIT "F"
3EING 39.7751 acres of "land out of the Asa Thomas Survey, Abstract: No. 609,
Williamson County, Texas, and being a portion of a certain 70.0 acre tract of
land conveyed to Glen Neans and recorded in Volume 534, Page 105, Williamson
, County Deed Records, and being more particularly described by metes nd bounds
as follows:
I( $EGINNING at a 1/2" iron pin found, being the northwest corner of said 70.00
;acre tract, also being in the southerly right -of -way line of Gattis School
(Road (R.O.W. varies);
THENCE 5 B9 16' 00" E, with the south line of Gattis School Road, a distance
I of 614.90 feet to an iron pin found, same being the northwest corner of a
certain 5.00 acre tract conveyed to Tracy Gustafson and recorded in Volume
891, Page 671, Williamson County Deed Records; '
'THENCE 17 56' 00" E, a distance of 1459.85 feet to an iron rod found at the
base of a fence corner post;
'THENCE N 80 50' 24" E, a distance of 538.32 feet to an iron rod found at the
e ase of a corner fence post;
`THENCE 5 17 54' 36" E, a distance of 1410.67 feet to an iron rod found at the
,base of a fence corner post, same being the southeast corner of said 70.00
''acre tract;
1I
`THENCE along the west line of said 70.00 acre tract, N 86 29' 32" W, a
1 distance of 1172.55 feet to an iron rod found for the southwest corner of said
' acre tract;
THENCE along the west, line of said 70.00 acre tract, N 19 44' 32" W, a
distance of 385.87 feet to an iron rod set, same being the most southerly
'southwest corner of a certain 2.00 acre tract of land conveyed to Jesse Riojas
,and wife, Juanita Riojas and recorded in Volume 772, Page 298, Williamson
!County Deed Records;
I F I HENCE along the southerly and easterly lines of said 2.00 acre tract, the
lfollowing four (4) courses and distances;
;�1.) N 40 20' 11" E, a distance of 378.66 feet to an iron rod found;
i2.) N 06 13' 30" W, a distance of 126.73 feet to an iron rod found;
( 3.) N 14 50' 39" W, a distance of 111.08 feet to an iron rod found;
1 4 .) N 57 06' 18" W, a distance of 30.73 feet to an iron rod found;
THENCE N 40 26' 28" E, a distance of 208.33 feet to an iron rod set, same
being the point of curvature of a curve to the left, from which an iron rod
being the southeast corner of a certain 3.63 acre tract of land conveyed to
!'Jake Travis Cunningham, and wife Billie Rae Cunningham, and recorded in Volume
.831, Page 702, Williamson County Deed Records, bears N 40 26' 28" E, a
!distance of 12.20 feet;
it
jPHENCE the following three (3) courses and distances:
}1.) along said curve to the left, an arc distance of 11.60 feet, having a
central angle of 66 27 30 ", a radius of 10.00 feet, and a chord bearing
and distance of N 07 12' 43' E. 10.96 feet to an iron rod set at the
point of reverse curvature and a curve to the right;
I 2.) along said curve to the right, an arc distance of 60.67 feet, having a
central angle of 013 05' 02 ", a radius of 430.,00 feet, and a chord
bearing and distance of N 21 58' 31" W, 60.62 feet to an iron rod set;
3.) N 17 56' 00" w, a distance of 583.22 feet to an iron rod set;
FIELD NOTES
THENCE $ 72 04' 00" w, a distance of 522.55 feet to an iron rod found in the
;west line of said 70.00 acre tract;
THENCE along said west line of said 70.00 acre tract, N 17 56' 00" w, at a
!'distance of 405.70 feet passing an iron rod found for the southwest corner of
certain 6.34 acre tract conveyed to Roy Lutz, and wife Carol Lutz, and
EX. HIBITG PAGE 1
recorded in Volume 553, Page 517, Williamson County Deed Records, In all a
PI
distance of 1014.31 feet to the POINT OF BEGINNING, containing 39.7751 acres
of land, subject to easements, conditions or restrictions of record, if any.
;ICUNNIN AM GRAVES, INC.
. Stanley Coa ter, R.P.S. 1481
ebruary 14, 1985
roject No. 0361 - 0001.0100
E 9F •
................ ;c
J. SiM.' LE COALTER
1481
•CiC SUPJ
EXHIBITG PAGE 2
FIELD NOTES
BEING 0.1696 acres or 7,396 square feet of land out of the Asa Thomas Survey,
Abstract No. 609, Williamson County, Texas, also being out of a certain 3.63
acre tract of land conveyed to ,James Travis Cunningham and Billie Rae Cunning-
ham as recorded in Volume 831, Page 702, Williamson County Deed Records, and
out of a certain 7.50 acre tract of land conveyed to James Travis Cunningham
and Billie Rae Cunningham as recorded in Volume 828, Page 659, Williamson Counts
Deed Records, being more particularly described by metes and bounds as follows:
BEGINNING at an iron rod found, being the southeast corner of said 3.63 acre
tract;
THENCE S 40 26' 28" W. a distance of 12.20 feet to an iron rod set at the
point of curvature of a curve to the left;
THENCE along said curve to the left an are distance of 11.60 feet, having a
central angle of 66° 27' 30 ", a radius of 10.00 feet and a chord bearing and
distance of N 07 12' 43" E, 10.96 feet to a point of reverse curvature, a
curve to the right;
THENCE along said curve to the right, an arc distance of 60.67 feet, having a
central angle of 08 05' 02 ", a radius of 430.00 feet, and a chord bearing and
distance of N 21 58' 31" 1J, 60.62 feet to an iron rod set;
THENCE N 17 56' 00" W, a distance of 683.22 feet to an iron rod set;
THENCE N 72° 04' 00" E a distance of 10.00 feet to an iron rod found, being the
northeast corner of said 7.50 acre tract;
THENCE S 17 56' 00" E, a distance of 747.21 feet to the POINT OF BEGINNING,
i containing 0.1696 acres ur 7,386 square feet of land, subject to easements,
1 conditions or restrictions or record, if any.
I CUNNI HAM- INC.
�j CUNNINCHAM- GRAVES, INC.
9
*: :s
T. Stanley Colter, RPS 11481 l •*
February 14, 1985 i. S1tJ I i:','COAL.TER k`
Project No. 361 - 0001.0100
EXHIBITG PAGE 3
AUSTIN, TEXAS
I;
' Gregory C emghts, RPS 84197
4 March 1, 1985
Project No. 361- 0001.0100
FIELD NOTES
BEING 2.0040 acres or 87,296 square feet of land out of the Asa Thomas
Survey, Abstract No. 609, Williamson County, Texas, also being all that
certain 2.00 acre tract of land conveyed to Jesse Riojas, et. ux., and
filed for record in Volume 772, Page 298, Deed Records of Williamson
j County, Texas, and being further described by metes and bounds as follows:
BEGINNING at an iron rod found, same being the southwest corner of said
2.0040 acre tract, from which the southwest corner of a certain 26.51 acre
tract recorded in Volume 959, Page 492, Deed Records of Williamson County,
Texas, bears S 19 44' 32" E, 385.87 feet;
THENCE N 19 44' 32" W, a distance of 247.39 feet to an iron rod set in the
south line of a certain 3.63 acre tract of land conveyed to J. T.
Cunningham, et. ux., and recorded in Volume 831, Page 702, Williamson
County Deed Records;
THENCE along said south line of the 3.63 acre tract, N 40 26' 28" E, a
distance of 401.85 feet to an iron rod found;
THENCE along the northwest line of said 26.51 acre tract, the following
four (4) courses and distances:
1.) S 57 06' 18" E, a distance of 30.73 feet to an iron rod found;
2.) S 14° 50' 39" E, a distance of 111.08 feet to an iron rod found;
3.) S 06° 13' 30" E, a distance of 126.73 feet to an iron rod found;
4.) S 40° 20' 11" W, a distance of 378.66 feet to the POINT OF
BEGINNING, containing 2.0040 acres or 87,296 square feet of land,
subject to easements, cpnditions or restrictions of record, if any.
CUNNI dHAM- GRAVES, I
EXHIBITG PAGE 4
GREGORY J. CLEMENTS
�...... .........
G�4
Hetes and Gattis Round as Williamson County, Texas. Tnc
follows:
FIELD NOTES describing a 94.334 acre tract or parcel of land situated lin
T
the Asa Thames Survey, Abstract No. 609, Williamson County, t g
a Frances Hay of
certain 100.00
Puutnamr,eSand conveyed to
David Ray
ReeordsbofWsaidn County, being d more n particularly de by D
metes and
bounds follows:
i
,1BEGIHHING• FCR REFERENCE at b of G
;Road (County Road No. 168),• being
,.,`tract? of land conveyed to Fioy Howe and the Northwest corner or said
'4.100.00 acres; thence 519'19'45 "E, 21.20 feet and N89'45'E, 230.00 feet to
an`iron pin set, being the Northeast corner of••4•.5.00.acre tract of.land
conveyed to Vernon L. Jakub and wife, Jeneth, H. Jakub by General Warranty
peed 'recorded in Volume 844, Page 912 of sold Deed Records, being the
most Easterly Northwest corner and POINT OF BEGINNING of the hereinafter
described 94.334 acres;
THENCE along the fenced South right -of -way line of said Gattis School
Road, being the North line hereof, N89'45'E, 1053.96 feet to an Iron pin
fence, ,said being D he Northeast corner her 60 -D nail found at a
hereof;
THENCE along an East line hereof, 518'58:E, 34.22 feet to an Iron pin set
Lawrence, being an h West 2
ananglepaint to the East line of :said 0
said 100 00 ac
an angle point hereof;
andNsaida100. acres, being the division line
hereof, then acres
following four (4) •
courses:
(1) 519'39'40 "E, 549.68 feet to an Iron pin set under said fence, being
an angle point hereof;
12) 519'23'E, 820.43 feet to an iron pin set under'sald fence, being an
angle.polnt hereof;
(3) S19'15'E„ 819.49 feet to an iron pin set under said fence, being an
angle point hereof; at a fence
(4) corner' l e
post, betngtheSoutheastccornereofosaidn d
100 .00 acres, being
the Southeast corner hereof;
'THENCE along the fenced South line of said 100.00.acres, being the South
line hereof, 573'30'10 "W, 1237.84 feet to an iron pin set at a fence
corner post, being the Southeast corner of 'said 95.14 acres and the
Southwest corner of said 100.00 acres, being the Southwest corner hereof;
•
1H00.00 the N19 °19'45dW,952723a4 ?e feet to said
toan
iron pin set, being the Southwest corner of said 5.00 acres, heinq the
most Westerly Northwest corner hereof;
•
an I a pin s being said cor ° 5.00 , acres 26 being an
e11 corner hereof;
THCE along 5.00 ,
t ac land
containing 94,334 acres of land more or less.
•
I, Steven. D. Kaliman, a REGISTERED PUBLIC SURVEYOR, do hereby certify
. that these field notes and attached plat accurately represent the results
of. an on - the - ground survey made under my direction and supervision on the
13th day of April, 1983. All corners located are as shown. There are no
encroachments, conflicts or protrusions apparent on the ground except as
shown.
46108
EXHIBIT H
Il
Cl,Ai re,AJc,c
EXHIBIT I PAGE 1
EXHIBIT "A"
VOL PAGE . US
All that certain tract or parcel of land containing 100.6 acres of
land, more or less, 'as being described as'follows, to -wit:
BEING 117.16 acres, 32 acres of the Asa Thomas Survey, Abstract
No. 609, 3.0 acres of the C. E. Rowe Survey, 9.3 acres of the
Memucan Hunt Survey, Abstract No. 314, and 72.86 acres of the
Wm. Barker Survey, Abstract No. 107, in Williamson County, Texas,
and being the North part of a 200 acre tract described in a home-
stead designation of record in Volume 255, Page 101, Deed Records
of Williamson County, Texas;
BEGINNING at the upper NE corner of the 200 acre tract set a 4
inch square concrete monument at a fence corner in the West line
of a 30 foot county road, this point standsS 700 vrs. and W 1435
vrs. from the NE corner of the Asa Thomas Survey;
THENCE S 00 deg. 24 min. W 266.94 vrs., with the West line of the
county road to set another monument at a bend in the road on or
near the South line of the Asa Thomas Survey, about 1490 vrs. from
the SE corner of the THomas Survey in the North line of the C. E.
Rowe Survey;
THENCE S. 63 deg. E with the South line of, the county road at about
75 vrs. cross the South line of the Rowe Survey and the North line
of the Wm. Barker Survey, in all 563.4 vrs. to the point where the
South line of this road is intersected by the West line of another
30 foot county road, set another monument North 63 deg. W 10 feet
for reference to this corner, the NE corner of the 200 acre tract;
THENCE S. 29 deg. 15 min. W. with the West line of the County road
457.2 vrs. to set another monument for the South or SE corner of
this tract;
THENCE N 76 deg. 37 min. W. 1024.81 vrs., to set another monument '
in the West line of the 200 acre tract for the SW corner of this
tract;
THENCE N 29 deg. 21 min. E with the fenced West line of the 200
acre tract, 300.96 vrs., to set another monument for an offset
corner in this West line;
THENCE S 74 deg. W with the fence 57.6 vrs. to set another monument
in a fence corner, the other offset corner of this line;
THENCE N 19 deg. 20 min. W with a fence line along the upper West
line of the 200 acres. tract, 251.46 vrs., to set another monument at
a fence corner, the NW corner of the 200 acres;
THENCE N 74 deg. 15 min. E with a fence along the North line of the
200 acres, 739.08 vrs. to the point of beginning.
SAVE AND EXCEPT HOWEVER, 17 acres, more or less, from such 117.16
acre tract being described as follows, to -wit:
BEING 17 acres more or less of the Memucan hunt Survey, Abstract
No. 314 and of the tam. Barker Survey, Abstract No. 107, in Williamso
County, Texas, and being out of the North part of a 200 acre tract
described in a homestead designation of record in Volume 255, Page 1
Deed Records of Williamson County, Texas;
DEGINNING at the upper NE corner of the 200 acre tract set a 4 inch
square concrete monument at a fence corner in the West line of a
30 foot county road, this point stands S 700 vrs. and W 1435 vrs.
from the NE corner of the Asa Thomas Survey;
EXHIBIT J PAGE 1
;p! 10.1. IALI UUU
EXHIBIT "A" continued
THENCE S 00 deg. 24 min. W 266.94 vrs. with the West line of the
County road to a monument at a bend in the road on or the
South line of the Asa Thomas Survey, about 1490 vrs. from the
SE corner of the Thomas Survey in the North line of the C. E. Rowe
Survey;
THENCE S 63 deg. E with the South line of the County road at about
75 vrs. cross the South line of the Rowe Survey and the North line
of the Wrn. Barker Survey, in all 563.4 vrs. to the point where the
South line of this road is intersected by the West line of another
30 foot county road, a monument North 63 deg. W. 10 feet for refer
ence to this corner, the NE corner of -the 200 acre tract;
THENCE S 29 deg. 15 min. W. with the West line of the county road
457.2 vrs. to a.monument for the South or SE corner of this tract
and the PLACE OF BEGINNING of this tract;
THENCE N 76 deg. 37 min. W. 1024.81 vrs. to another monument in a
West line of the 200 acre tract for the SW corner of this tract;
THENCE N 29 deg. 21 min. E. with the fenced West line at the 200
acre tract, 194.8 vrs. for the NW corner of Lhis tract;
THENCE S 65 deg. 42 min. E. for a distance of 989.14 vrs. to the
PLACE OF BEGINNING of this tract, containing 17 acres more or less
EXHIBIT J PAGE 2
FOR A 59.178 -ACRE TRACT OF LAND OUT OF THE ASA
THOMAS SURVEY ABSTRACT NO. 609 IN WILLIAMSON
COUNTY, TEXAS, BEING ALSO A PORTION OF A 95.41 -
ACRE TRACT OF LAND IN THE NAME OF FLOY HOWE OF
RECORD IN VOLUME 448, PAGE 392 OF TIIE DEED RECORDS
.OF WILLIAMSON COUNTY, TEXAS, SAID 59.178 -ACRE TRACT
'OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
„ AND BOUNDS AS FOLLOWS:
BEGINNING for reference at a 60d nail found in the southerly ROW
line of Gattis School Road being also in the common boundary line of a 5.00 -acre
tract of land in the name of V.L. Jakub and J.M. Jakub of record in Volume
844, Page 912 of the Deed Records of Williamson County, Texas, and said
95.41 -acre tract of land, thence with the southerly ROW line of Gattis School
Road S89 ° 37'59 "W for a distance of 126.88 feet to an iron rod set for the most
northerly northeast corner and POINT OF BEGINNING hereof;
THENCE, departing said ROW line S19 19'45 "E for a distance of
1427.74 feet to an iron rod set for an inside corner hereof;
THENCE, N73 ° 24'44 "E for a distance of 120.26 feet to an iron rod
set in the fenced common boundary line between a 100 -acre tract of land in the
name of J.M. Stobough of record in Volume 218, Page 180 of the Deed Records of
Williamson County, Texas, and said 95.41 -acre tract of land for the most
southerly northeast corner hereof;
..THENCE, with said common boundary line as fenced S19 ° 19'45 "E at a
oistance of '1760.15 feet pass an iron pipe found. for a total distance of
2293.85 feet to an iron rod found at most southerly common corner of said
100 -aci. tract and said 95.41 -acre tract' for the most southeasterly corner
hereof;
THENCE, with thl southerly boundary line of said 95.41 -acre tract
'73 ?4 "W at 1C. 84 feet pass a point from which an iron rod found bears
.,2 "E a distance of 2.0 feet, for a total distance of 1095.04 feet to an
iron r d found, and from which an iron pipe found hears 573 23'27 "W for a
disteice of 212.32 feet, said iron rod found being the most southwesterly corner
of saic! 95.41 -acre tract and the most southwesterly corner hereof;
THENCE, with the cortmor. boundary line between a tract of and in
the .:t of Mrs. Hedwig Bland of record in Volume 110, Page'284 of the Deed
Reco?'cs of Williamson County, Texas, and said 95.41 -acre tract N18' 56'24 "W for a
dist_.cA of 642.90 feet to an iron rod found at a northeasterly corner of said
Bland "cr for an angle point in the westerly line hereof;
THENCE, with common boundary line between a 187 -acre tract in the
r'acre of Doyle Nickerson, et. ux., of record in Volume 526, Page 50 of the Deed
of Williamson County, Texas, and said 95.41 -acre tract as fenced
;‘::.e ° 57'34 "W a distance of 523 feet and 545 feet pass a centerline of a creek,
fo a total distance of 1650.28 feet to an iron rod set for the most southerly
northwest corner hereof;
THENCE, departing said common line N73 ° 24'44 "E for a distance of
feet to an iron rod set for an inside corner hereof;
THENCE, N19 ° 19'45 "W for a distance of 1445.48 feet to an iron rod
set +:; the southerly ROW line of Gattis School Road for the most northerly
nort.i .st corner hereof;
THENCE, with the southerly ROW line of Gattis School Road
N8' :'7'59 "E for a distance of 63.44 feet to the POINT OF BEGINNING hereof.
As . Fled By:
1
I �
f
Rep13•v: Public Surveyor No. 4295
hi4. , 1"-;85
JoD rig, 219''•001 -101
FIELD NOTES
EXHIBITK
5/tfa-cfs"-
FIELD NOTES FOR 68.825 ACRES
EXHIBITL PAGE 1
Page 1 of 1
FIELD NOTES describing a 68.825 acre tract or parcel of land out of the P.A. Holder
Survey, Abstract No. 297, situated in Williamson County, Texas, being all of that
certain 68.81 acres conveyed to John Jackson, Trustee, by Warranty Deed recroded in
Volune 1012, Page 521, of the Deed Records of said County, found this survey to
contain 68.825 acres, being more particularly described by metes and bounds as
follows:
BEGINNING at an iron pin found at the intersection point of the North right -of -way
line of Gattis School Road (County Road No. 168) and the East right -of -way line of
that certain railroad right -of -way granted to The Missouri, Kansas & Texas Railroad
recorded in Volune 112, Page 45, of said Deed Records, being the Southwest corner and
POINT OF BEGINNING of the hereinafter described 68.825 acres;
THENCE along the East right -of -way line of said railroad, being the_ est line hereof,
the following two (2) courses:
1) N21 29'W, 2332.51 feet to an iron pin set, being a Point of Curvature in the East
right -of -way line of said railroad, being a Point of Curvature hereof;
2) along the arc of a curve to the left having elements of delta = 01 19'48 "', radius
= 2914.79 feet, arc = 67.66 feet, tangent = 33.83 feet, chord bearing and chord =
N22 09'W, 67.66 feet to an iron pin set, being the Northwest corner hereof;
THENCE along a North line hereof, S71 15'E, 1.03 feet pass an iron pin found at a
fence corner post, being the Southwest corner of that certain 11.08 acres conveyed to
Leigh H. Loveday and wife, Linda I. Loveday, by Deed recorded in Volume 833, Page
526, of said Deed Records, and continue a distance of 139.30 feet, in all being a
total distance of 140.33 feet to an iron pin found at a fence post, being an angle
point hereof;
THENCE continue along the fence South line of said 11.08 acres, being a North line
hereof, the following two (2) courses:
1) S87 14'E, 16.92 feet to an iron pin found, being an angle point hereof;
2) S89 48'30 "E, 746.96 feet to an iron pin found at a fence corner post, being the
Southwest corner of that certain 5.42 acres conveyed to Clay D. Roberts by Deed
recorded in Volune 675, Page 826, of said Deed Records, being the Southeast
corner of said 11.08 acres, being an angle point hereof;
THENCE continue along said fence line, being the South line of said 5.42 acres being
a North line hereof, S89 53'50 "E, 469.79 feet to an iron pin found at a fence corner
post, being the Southwest corner of a 4.57 acre tract of land conveyed to Alan Neil
Curtis and wife, Joasn E. Curtis, by Deed recorded in Volume 677, Page 685, of said
Deed Records and the Southeast corner of said 5.42 acres, being an angle point
hereof;
THENCE continue along said fence line, being the South line of said 4.57 acres, being
a North line hereof, N 89 56'E, 456.08 feet to an iron pin found at a fence corner
post, being the Southeast corner of said 4.57 acres, being the Northeast corner
hereof;
THENCE departing said fence line, in a Southerly direction, being the fenced West
line of a gravel lane, being the East line hereof, S00 11'W, 2190.93 feet to an iron
pin found in said fenced North right -of -way line, being the Southeast corner hereof;
THENCE along said fenced North right -of -way line, being the South line hereof, N 89
36'W, 935.88 feet to the POINT OF BEGINNING of the herein described tract of and
containing 68.825 acres of land.
I, Steven D. Kallman, A REGISTERED PUBLIC SURVEYOR, do hereby certify that these
field notes and attached plat accurately represent the results of an on- the - ground
survey made under my direction and supervision on the 22nd day of March, 1985. All
corners located are as shown. There are no encroachments, conflicts or protrusions
apparent on the ground except as shown.
HAYNIE & KALLMAN, INC.
t.
Steven D. Kallman,
Registered Public Surveyor No. 3337
3 - 2 a - �5
Date
FIELD NOTES:
26.641 ACRES:
ALL THAT CERTAIN TRACT OR PARCEL 01' LAUD LYING AHD BEING
SITUATED IN WILLIAMSON COJNTY, TEXAS, OUT OF THE MET ULAN AUNT
SURVEY, BEING A PORTION OF THAT CERTAIN '/2.9 ACNE '1'1;ACT OF LAND
AS CONVENED TO EARTI {Eh C. HENDERSON Af.) t ?1F!•., Pr{Y1,IaS LEE HENDERSON
BY DEED DATED APRIL 20, 1967 AND hECO:iDEI; 1 u VOMME 4 198, PAGE
526, DEED RECORDS OF WILLIWSON COUi1 f, AHD LEINii MORE PARTICU-
LARLY DESCRIBED BY METES AND ROUNDS AS FOI,LM:3:.
BEGINNING at an iron pin found set at the base of a corner fence
post, said point being the northwe:;t corner u1' said 72.9 acre
tract and being located in the cast now lino of County Road No. 170;
THENCE South 53 24' -23" East, 1036.19 feet, with the east line
of said County Road No. 170 to an iron pin found set for the
intersection of said road and a 50 foot wide road easement north
line;
VENICE North 67 ° -25' Ea:.;t, 1110.26 feet with the north line of
said 50 foot wide road casement to an iron pin found set for
corner;
THENCE North 17 °- 17' - West, 767.74 feet, with the west line
herein described and the lino of the wire fence to a iron pin
found set marking the North East corner;
r
THENCE South 72 ° - 49' -36" West, 913.65 foot, with the north line
of said 72.9 acre tract and the line of a wire fence to an iron
pin found for angle point;
THENCE South 72 ° - 41' -04" West, 212.45 feet
the north lino of said 72.9 acre tract to
a fence corner post;
THENCE Sout1, 12 °- 05' -02" E:;z t, 12.7 foot,
wire fence to an iron pin found at n fence
THENCE South 70° -20' West, 588.71 i•cet, ui
wire fence to the point of DEGI00IEG, and
acres of land, more or Loss.
R. J. Crenshaw, P.E.
Registered Public Surveyor
No. 2065
fr �;.
it J c • a. : • :I . i
n�c °
EXHIBITM PAGE 1
, continuing with
an iron pan found at
with the line of a
po:;t corner;
th the line of a
containing 26.841
DATE
�•v
• :;..; a. 5.3� -"cxe cldCL of land situated in the William Barker Survey, of which
3.16 acres are in Abstract No. 107, Williamson County, Texas, and 2.19 acres are
in Abstract No. 109, Travis County, Texas, and also being a part of that certain
152.5 -acre tract of land conveyed by deed to B. W. Glenn as recorded in Volume
289, Page 255, Deed Records of Williamson County, Texas, and being more particular
described as follows:
BEGINNING at an iron pin set in the East line of said Glenn 152.5 - acre tract, for
the N.E. corner hereof; said corner being S 29 47' W, 149.85 feet, 30 00' W,
915.64 feet and S 29 57' W, 1256.45 feet from concrete monument found in the
South line of County Road No. 170 marking the N.E. corner of said Glenn 152.5 -acre
tract;
THENCE, S 29 57' W, 367.73 feet with said East line of Glenn 152.5- acre tract
to an iron pin set by corner post marking the most easterly S.E. corner of said
Glenn 152.5 -acre tract, for the most easterly S.E. corner hereof;
THENCE, S 55 00' W, 20.03 feet to an iron pin set by corner post marking the most
westerly S.E. corner of said Glenn 152.5 -acre tract, for the most westerly S.E.
corner hereof;
THENCE, with South line of said Glenn 152.5 - acre tract, N 65 11' W, 277.37 feet
to an iron pin set and N 59 58' W, 291.70 feet, crossing the common county line
between Travis and Williamson Counties, to an iron pin set, for the S.W. corner
hereof;
THENCE, N 30 00' E, at 385.80 feet pass an iron pin set in South line of Glenn
Drive (an existing 50- foot -wide road easement) continuing a total distance of
•410.80 feet to the point of intersection of the centerline of said 50 foot - wide
road easement extending to the North and West. for the N.W. corner hereof;
THENCE, S 60 00' E, at 25.00 feet pass au iron pin set in the now East line of
said existing 50 - foot - wide road easement, continuing a total distance of 576.34
feet to the place of BEGINNING and containing 5.35 acres of land.
EXHIBIT N PAGE 1
bEINC a 5.19 acre tract of land, of which 0.02 acre is situated in the
Hemucan Hunt Survey, Abstract No. 314, and 5.7 7 acres are situated in
the William Barker Survey, Abstract No. 107, Williamson County, Texas,
and also being a part of that certain 152.5 acre tract of land conveyed
by deed to B. W. Glenn as recorded in Volume 490., Page 534, Deed Records.
Williamson County, Texas. Surveyed on the ground in the month of
September. 1976, by R. T. Magness, Jr., Registered Public Surveyor, and
being more particularly described as fo`11ows:
BEGINNING at an iron pin set in the South line of said Glenn 152.5 acre
tract for the S. E. corner hereof, said corner being the S. W. corner of
that certain 5.35 acre tract of land conveyed by deed to Elmer Reese as
recorded in Volume 787, Pag 776, Deed Records, Williamson County, Texas
and also being S 29 47' W, 149.85 feet, S 30 00' W, 915.64 feet, S29°
57' W, 1624.18 feet, S 55 00' W. 20.03 feet N 65' 11' W. 277.37 feet and
N 58 58' W. 291.70 feet from a concrete monument found in the South line
of County Road No. 170 marking the N. E. corner of said Glenn 152.5 acre
tract;
THENCE, N 59' 58' W,. 550.00 feet with said aouth.line to iron pin set for
the S. W. corner hereof;
THENCE, N 30' 00' E, at 385.40 feet pass iron pin marking the S. W. corner
of existing 50 foot wide Road Easement, continuing a total distance of
410.40 feet to iron pin set marking the west end of the centerline of said
50 foot wide Road Easement for the N.N. corner hereof;
THENCE, S 60' 00' E. 550.00 feet with said centerline of 50.00 foot wide
road easement to iron pin marking the East end of said center line of 50.00
foot wide road easement for the N. E. corner hereof. said corner also being
the N.W. corner of said Reese 5.35 acre tract;
THENCE, S 30' 00' W. 410.30 feet to the Place of BEGINNING and containing
5.19 acres of land.
EXHIBIT 0 PAGE 1
City of Round Rock
214 East Main
Round Rock, Texas 78664
Gentlemen:
* * * * * ** *USE LETTERHEAD OF ISSUING BANK * * * * * * **
EXHIBIT P
DATE
Re: Irrevocable Letter of Credit
No.
Amount of Credit: $
Customer's Name:
You are authorized to draft on [NAME OF ISSUING BANK] for the
account of [NAME OF CUSTOMER] up to an aggregate amount
of ($ ), United States Currency available by
your drafts at sight.
Drafts must be drawn and negotiated on or before December 31,
1985. All drafts must be marked "Drawn Under [NAME OF ISSUING BANK],
Credit No. , Dated , 1985" and the amounts drawn
are to be endorsed on the reverse side of this letter by the
negotiating bank.
Drafts must be accompanied by a letter signed by either the Round
Rock City Manager or City Engineer certifying that bids for the
Southeast Round Rock Water System Improvements have been advertised
and that the City is prepared to enter into a contract with the
lowest and best bidder.
We hereby agree with drawers, endorsers, and bona fide holders
that all drafts drawn by reason of this credit and in accordance with
the above conditions will meet with due honor on presentation at the
offices of [NAME OF ISSUING BANK].
Yours truly,
[AUTHORIZED SIGNATURE OF OFFICER OF
ISSUING BANK]
SOUTHEAST ROUND ROCK WATER SERVICE AGREEMENT
STATE OF TEXAS
COUNTY OF WILLIAMSON
•
•
•
•
THIS AGREEMENT is made and entered into on this day
of , 1985, by and between the City of Round
Rock, Texas ( "City ") and Round Rock County Road 170 Ltd., Round
Rock Industrial Park, a Texas General Partnership, John Lloyd
Development, Gensie Burnett Hemphill and Holly Hemphill Cramerus,
Charles D. Becker, Trustee, North University Business Park Joint
Venture, Ernest Lawrence, James R. Eichleberger, Jr., DeDear
Company, a Texas General Partnership, Topletz Development Co., Glen
C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife,
Louann Elizabeth Davidson, ( "Landowners ").
Recitals
WHEREAS, Landowners own 1,121.4487 acres of land out of a total
of approximately 2,000 acres contained in an area generally
southeast_„of the City's limits, said area being designated as the
"Study�Area" inExhibit "A"� attached'hereto,;Mand `� y ,
WHEREAS, the Study Area does not presently have access to any
municipal water service, and
WHEREAS, a study performed by the engineering firm Haynie &
Rallman, Inc. has determined that in order for the Study Area to
have access to City's water system, certain improvements consisting
of a water storage tank, booster pump station and transmission
lines must be constructed, and
WHEREAS, Haynie & Rallman, Inc. estimate
constructing said improvements is $3,411,453.00,
the completion date will be September 1986, and
WHEREAS, the City does not have current funds
construction of said improvements, and
WHEREAS, in order to construct the needed improvements on a
timely basis, as well as to take advantage of the economic benefits
to be derived from sharing the construction costs, Landowners wish
to jointly finance the construction of the improvements, and to
contract with the City to administer the construction of the
improvements, Now Therefore, It is Agreed That:
1. Round Rock County Road
170 Ltd.
JWATERAG
I.
that the cost of
and estimate that
available for the
Landowners own the number of acres within the Study Area as
indicated below:
NAME NUMBER OF ACRES
83.646
2. Round Rock Industrial Park 142.91
3. John Lloyd Development 117.50
4. John Lloyd Development 49.00
5. Gensie Burnett Hemphill
and Holly Hemphill Cramerus 196.97
MORE
PARTICULARLY
DESCRIBED IN
EXHIBIT
"B"
"
"D"
"F"
6. Charles D. Becker, Trustee 41.9487
7. North University Business
Park Joint Venture 100.00
8. Ernest Lawrence 124.00
9. James R. Eichleberger, Jr. 100.60
10. DeDear Company 59.178
11. Topletz Development Co. 68.825
12. Glen C. Anderson, Trustee 26.841
13. Elmer Beese 5.35
14. Thomas Joel Davidson and
wife, Louann Elizabeth
Davidson
II.
5.19
The capacity of the water system improvements to be constructed
shall be measured in terms of Living Unit Equivalents (LUE's). A
LUE is defined as that unit of development which consumes the same
amount of water as is consumed by a detached single family dwelling
unit. For the purpose of this agreement an LUE is deemed to consume
1440 gallons per day of water. Landowners agree to reserve for
their respective tracts of land and the City agrees to provide the
number of LUE's in the improvements as indicated below:
NAME LUE's
/ Round Rock County Road
170 Ltd. 526
�2. Round Rock Industrial Park 715
3. John Lloyd Development (117.5 acres) 150
/4. John Lloyd Development (49 acres) 640
5. Gensie Burnett Hemphill and
Holly Hemphill Cramerus 960
/ Charles D. Becker, Trustee 251
^r7. North University Business
/ Park Joint Venture 450
8. Ernest Lawrence 460
/'9. James K. Eichleberger, Jr. 500
X10. DeDear Company 200
"11. Topletz Development Co. 252
—12. Glen C. Anderson, Trustee
Elmer Beese
- 14. Thomas Joel Davidson and wife,
Louann Elizabeth Davidson
2.
275
25
25
"
"
"J"
"R"
"
" N "
non
The number of LUE's for residential uses shall be determined as
follows:
TYPE OF
RESIDENTIAL UNIT
Single Family Detached 1.0
Duplex 0.9 per unit
Tri -plex, four -plex and
multi - family 0.7 per unit
The number of LUE's for commercial and industrial use shall be
determined in accordance with the following formula:
°Building Area X 6 X Land Area in Acres = LUE's
Land Area
As used herein the term "Building Area" includes only the
footprint of each commercial /industrial building and does not
include driveways, walkways, etc.
Landowners shall be entitled to allocate their LUEs to their
respective tracts, or any portion thereof, as they deem advisable.
In the event of transfer of any respective tract, or any portion
thereof, the City, unless notified as set forth hereinafter, may
deem that a pro rata number of LUEs are transferred with the
conveyed property in accordance with the ratio between the area of
the conveyed property to the total area of the property of the
Landowner owning such property at the inception of this Agreement.
Provided, however, any Landowner may designate in writing to the
City the amount of LUEs transferred with the conveyance of any
tract of any portion thereof.
Landowners shall not be permitted to transfer or assign their
right to LUEs of line capacity except as follows:
1. To any purchaser of their respective tracts, or any
portion thereof;
2. To any other Landowner;
NUMBER OF
LUE's
3. To any property not described in the Exhibits hereto,
provided such property shall be (i) adjacent and abutting
to property described in the Exhibits hereto and (ii)
owned by a Landowner who retains ownership of the adjacent
and abutting property described in the Exhibits hereto.
As stated above, the estimated cost of the improvements
including ten percent (10 %) for engineering fees and ten percent
(10 %) for unforeseen contingencies is $3,411,453.00. In addition,
the City shall be entitled to a fee of $10,000.00 for administering
this contract, for a total estimated project cost of $3,421,453.00.
The administrative fee shall include all expenses and fees of the
City Attorney, City Engineer and other members of the City Staff
for negotiating bidding and administering the project and
construction of the facilities contemplated herein. This fee is not
in lieu of any development fees required by ordinance for the
actual development of Landowners' property.
IV.
Each Landowner agrees to pay their share of the total project
cost as estimated in Appendix I, which amount is equal to certain
3.
onsite costs attributable to each tract plus their pro rata share
of the remaining cost. The Landowner's share of said remaining
costs shall be equal to the percentage that each Landowner's number
of reserved LUE's bears to the total number of LUE's reserved by
all Landowners. The total amount due from each Landowner is
hereinafter referred to as Landowner's "pro rata share."
Upon execution of this Agreement by each Landowner, said
Landowner shall deposit with the City Finance Director cash or
certified funds in an amount equal to ten percent (10 %) of the
Landowner's pro rata share of the estimated project cost, which
amount shall be used for design, engineering, and payment to the
City of its administrative charge. Within ten (10) days of
receiving notice from the City that the Mayor has executed this
Agreement, each Landowner shall deposit with the City an
irrevocable letter of credit in the amount of the remainder of each
Landowner's pro rata share issued by a financial institution whose
principal office is within the State of Texas, in the form attached
to this Agreement as Exhibit "P ".
The City Engineer and the engineering firm of Haynie & Kallman
shall immediately proceed to design the necessary improvements to
the City water system to provide line capacity to the Landowners
property in the number of LUEs reserved. The City, upon receipt of
satisfactory design plans and specifications, shall immediately
cause the project to be bid in accordance with normal City
procedures.
In the event the amount of the bid which the City deems best
and acceptable is less than or equal to the total estimated project
costs as set forth in Section III plus ten percent (10%), then in
such event, each Landowner agrees to pay his pro rata share of the
total actual project cost including any increase. In the event of
any increase, each Landowner agrees to provide a substitute letter
of credit in the appropriate adjusted amount within ten (10) days
upon receipt of written request from the City. In the event the
acceptable bid exceeds the total estimated project cost by more
than ten percent (10%), the City and Landowner shall meet as soon
as possible to discuss alternatives to the acceptable bid. Any
Landowner shall have the . option to withdraw from the Agreement
within ten (10) days from the date of such meeting. Failure of any
Landowner to provide notice to the City in writing of their intent
to withdraw within such ten (10) day period shall be deemed to be
such Landowners agreement to pay his pro rata share of the total
actual project cost, including any increase. Each Landowner shall
provide a substitute letter of credit in the appropriate adjusted
amount within ten (10) days after receipt of written request from
the City, which request shall not be sent until after the meeting
described above has taken place. In the event any Landowner takes
the requisite action required hereunder to withdraw from the
Agreement, such Landowner's liability hereunder shall immediately
terminate and shall be returned its letter of credit, undrawn,
marked on its face "Cancelled ", but shall not receive any refund of
the cash monies previously deposited with the City.
In the event the acceptable bid is less than the total
estimated project cost as set forth in Section III above, then in
such event, each Landowner shall be entitled to substitute their
respective letter of credit with an identical letter of credit in
an adjusted amount equal to the pro rata share of such Landowner in
the acceptable bid plus ten percent (10%) contingency. In the event
there are cost savings during the term of the construction of the
improvements contemplated hereunder, upon completion of the
improvements and their acceptance by the City, any remaining cash
funds plus interest thereon held by the City Finance Director in
4.
the account set forth pursuant to Section V hereof, shall be
refunded to the Landowners pro rata in accordance with their
respective contribution to the total project cost.
V.
The City agrees that all funds received by the City pursuant to
the terms of this contract shall be held by the City in a separate
interest bearing account and with the exception of the
administrative fee, shall not be spent for any purpose other than
for costs directly associated with the design and construction of
the improvements contemplated herein. The account shall be
administered by the City Finance Director in accordance with his
standard practices regarding City Funds so as to obtain the maximum
practical level of interest consistent with other City deposits.
VI.
Landowners understand that the actual placement of the water
line will result in some tracts being crossed by the line and some
tracts not having immediate access to the line. The landowners who
own tracts actually crossed by the line agree to grant to the City
at no cost, reasonable easements for the placement, construction,
maintenance and repair of the line.
Landowners also agree to grant to the City at no additional
cost reasonably required easements for the placement, construction,
maintenance and repair of any "feeder" lines to provide water
service to outlying tracts. While every attempt will be made to
locate the required easements along property lines and other
locations most convenient to Landowners, it is understood this is
not always possible. It is agreed that the final • determination of
the best location for the easements will be made by the City in
conjunction with Haynie & Kallman, Inc.
VII.
It is understood and agreed by Landowners that at the present
time the city does not have the actual major transmission line and
treatment plant capacity to provide water service for all future
growth that is expected to occur in the City's water service area
in general, or the Study Area in particular. In anticipation of
significant growth, the City has adopted a five year Capital
Improvement Program which includes expansion of the transmission
system and treatment plant capacity. However, due to circumstances
beyond the control of the City and which are not presently
contemplated by the parties, the necessary transmission system and
plant expansion might be delayed or even cancelled.
Accordingly, while Landowners have reserved capacity in the
water system improvements contemplated herein, no capacity in the
existing or future treatment plants is being reserved. Available
capacity in the treatment plant(s) will be allocated to users in
the entire service area on a "first come - first served" basis as
water service is actually needed.
VII.
Landowners understand that the improvements shall be and remain
the sole property of City and that Landowners shall have no
ownership interest whatsoever in the improvements, whether during
construction or upon final completion.
VIII.
It is understood and agreed by Landowners that the City Council
has adopted a policy that generally requires that property be
5.
annexed to the City before utility services are provided, and that
this contract shall in no manner be construed as altering or
amending that policy and that annexation will probably be required
before the property is actually served with utilities. However for
those tracts which are currently, or may become, outside the
extraterritorial jurisdiction of the City, the City does agree that
they will not be refused service merely for the reason that they
cannot be annexed to the City.
Ix.
This contract shall not be construed to exempt Landowners from
the payment of any development, service, or permit fee otherwise
required by ordinances of the City.
X .
A. This contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Williamson County,
Texas.
B. Should any litigation be commenced between the parties
hereto concerning this Agreement, the party prevailing in such
litigation shall be entitled in addition to such other relief as
may be granted, to a reasonable sum as and for attorney's fees and
costs.
C. This contract shall be binding upon and inure to the benefit
of the parties hereto and their respective legal representatives,
successors and assigns where permitted by this agreement.
D. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and
this contract shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
E. This contract constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the within
subject matter.
F. This contract is executed in multiple originals on the dates
indicated beside each signature and shall be effective as of the
date executed by the Mayor of Round Rock.
G. This contract shall not become effective unless executed by
all parties and in the event all parties fail to execute it, any
cash deposits or letters of credit shall immediately be returned by
the City to the party depositing same.
AT ST:
nne Land, City Secretary
CITY OF ROUND ROCK
By:
Mike Robinson, Mayor
6.
7 4
(date)
LANDOWNERS:
1. ROUND ROCK COUNTY ROAD 170, LTD.
By: Lk.:.'... S _ . _ . • `fL OX6
Robert S. Swinn , (date)
General Partner
By: .5 6Z h. `4 / / "
Stephen L. Tebo,
General Partner
2. ROUND ROCK INDUSTRIAL PARK
6 //��
(date)
By: • rRE D&ME • ELoPM • uT COQPORATU
Swetl:yl General Partner (ddLe)
By:
u �I�Qr`
z Cg (date)
1 4't r u£Y 24 F#
By:
General Partner (date)
3. JOHN LLOYD DEVELOPMENT
Zetvo s LL_ yJ. , PUS /DEN r
7.
z3 ra8f
S)LUe_5 thear9774date)
/ - 1ta &n3 s.7 fro Fgr_T
CHARLES D. BEC R, Trustee
6. North University Business Park
Joint Venture
R Ratheebe1
and
By: 1325 Incorporate (joint venturer)
By: ug ��
Max ogle resident
7.
Ernest Lawrence
az (9 8T
(date)
Z 9�5
date)
( a t e1'
By: Sout west Rathg -r Co.
( ice nt ve tur
/r. i. %.
By: President (date)
(date)
(date)
(date)
8.
EICHL R / (date)
9. DeDEAR COMPANY,
A Texas General Partnership
By: /1 �y < % ✓� J ' G7/
Barry D. Rend ck, (date)
General Partner
10. Topletz Development Co.
11.
GLEN C. ANDER
12. 1/ 3. OQ,e �
13.
ELMER BEESE
8.
DAVIDS
N
(date)
(date)
Landowner
APPENDIX I
SOUTHEAST ROUND ROCK
INDIVIDUAL OWNER WATER SYSTEM COST
L.U.E. Cost
L.U.E. On -Site ($575 /L.U.E.) Total Cost
526 $ 61,809 $ 302,367 $ 364,176
1. Round Rock County
Road 170 Ltd.
2. Round Rock Industrial 715 $ -0- $ 411,012 $ 411,012
Park
550 316,163. 316
3. John Lloyd Development ,lj t( $ -0 $ $G;P2fi $ _O
4. John Lloyd Development 640 $ -0- $ 367,898 $ 367,898
5. Gensie Burnett Hemphill 960 $ 5,538 $ 551,848 $ 557,386
and Holly Hemphill
Cramerus
6. Charles D. Becker, 251 $ -0- $ 144,285 $ 144,285
Trustee
7. North University 450 $ 88,613 $ 258,679 $ 347,292
Business Park Joint
Venture
p 1.44 6
8. Ernest Lawrence y68' $ 144,676 $ .64 427 $ , 3_
* 8,(a Unsold L.U.E'S 60 34,490. 34,490.
9. J ames K. Eichelberger, 500 $ -0- $ 287,421 $ 287,421
Jr.
10. DeDear Company 200 $ -0- $ 114,968 $ 114,968
11. Topletz Development Co. 252 $ -0- $ 144,860 $ 144,860
12. Glen C. Anderson, 275 $ -0- $ 158,081 $ 158,081
Trustee
13. Elmer Beese 25 $ - 0 - $ 14,373 $ 14,373
14. Thomas Joel Davidson 25 $ -0- $ 14,372 $ 14,372
and wife, Louann
Elizabeth Davidson
Totals 5,429 $ 300,636 $3,120,817 $3,421,453
* Due to Ernest Lawrence's decision to not participate, the "on- site" cost
attributable to his tract will be assumed by the participants on a pro -rata
basis, as stipulated in paragraph IV of the attached agreement. Since John
Floyd Development has agreed to assume 400 LUE's of Lawrence's 460, 60 LUE's
will be considered as "unsold. "'
6b,Jq-k)-
6
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-*
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ORIGINAL AREA TRACTS IN STUDY'
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TOM FAIREY PROPOSED
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