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R-86-874 - 6/12/1986RESOLUTION NO. /7 i/Z WHEREAS, the Southeast Utility Group wishes to sponsor water and wastewater improvements totalling more than $3,900;000,.and WHEREAS, the City is desirous of entering into a contract with the Southeast Utility Group concerning said improvements, and WHEREAS, said contract is-being submitted for consideration, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City of Round Rock an agreement with the Southeast Utility Group for water and wastewater improvements subject to all participants executing said document first. RESOLVED this 12th day of June, 1986. ATTEST: MIKE ROBINSON, Mayor City of Round Rock, Texas SOUTHEAST ROUND ROCK WATER SERVICE AGREEMENT (REVISED) ; STATE OF TEXAS COUNTY OF WILLIAMSON THIS REVISED AGREEMENT is made and entered City of Round Ray of and Round Rock Industrial Park, a Texas Gen Texas ("City") MB Joint Venture, General Partnership, John Lloyd Development, Charles D. Becker, Trustee, North University ersity B us i ne ss Pa Jo Venture, James K. Eichleberger, .Jr., General Partnership, Glen C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife, Louanfl Elina ethiDavidson, Pentad Joint V and Billy ( "Landowners "). • • • • Recitals WHEREAS, most of the foregoing Landowners and others not now named previously entered in a water Service Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the financing of the project described below, and WHEREAS, the above -named Landowners own property in an area generally southeast �� of the City's said its, saideareaihereinafter designated as the Study Area, 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 & to Kallman, Inc. has ,determined that rermforvthenStudynAreaito have access to City's water system, certain 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 $2,893,163.74, and estimate that the completion will occur the spring of 1987, 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 jointlrivfinance sharing the construction theoimprovemen s, and to to p co ntract with the City j Y to administer the construction/ of the contract improvements; and WHEREAS, Landowners now wish to enter into A this Revised Agreement to supercede and replace the previous Agreemen,__Now Therefore, It is Agreed That: I. Landowners own the number of acres within the Study Area as indicated below: NAME 1. Mound Rock Industrial Park JWATERAG NUMBER OF ACRES 142.91 MORE PARTICULARLY DESCRIBED IN EXHIBIT "Bn 2. John Lloyd Development 3. MB Joint Venture 4. Charles D. Becker, Trustee 5. North University Business Park Joint venture 6. James K. Eichleberger, Jr. 7. DeDear Company 8. Glen C. Anderson, Trustee 9. Elmer Beese 22. 2. 117.50 196.97 41.9487 100.00 100.09 59.178 26.841 5.35 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 5.19 11. Pentad Joint Venture 460.00 12. Billy W. Glenn and wife, Janet C. Glenn 83.646 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: t NAME LUE's 1. Round Rock Indhstrial Park 715 2. John Lloyd Development 550 3. MB Joint Venture 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture 450 6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 "Cu IDn "Eu urn "Gu "Hn "1" nJn um. "Ln HMn The number of LUE's for residential uses shall be determined as follows: TYPE OF NUMBER OF RESIDENTIAL UNIT 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 gie determined in accordance with the following formula: =_ _ 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. Building Area X 6 X Land Area in Acres = LUE's Land Area 3. 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 engineering fees and two and one -half percent (2.5 %) for unforeseen contingencies is $2,893,163.74. 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 $2,903,163.74. 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. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw request, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the City's standard practices regarding Capital Improvement Program projects. IV. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain 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 "N ". The City Engineer and the engineering firm of Haynie & mailman 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 sopn as possible to discuss alternatives to the acceptable bid. y_' 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-try 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 the account set forth pursuant to Section V hereof, shall be 4. 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- ..Jater___ . 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_Cj.t __ 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 /ear 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. VIII. 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. Ix. 5. 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. X. The Landowners who executed the previous agreement and the agree that this Revised Agreement replaces and supersedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. XI. XII. Special Provisions 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. The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their successors or assigns in title to the property .. described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for herein and the other Landowners shall be entitled to a pro rata credit, so that all Landowners will pay the same per LUE (not including the on site costs attributable to some tracts.) XIII. 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 understandints 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, provided however, if one or more of the named parties fail to execute it, the City and other parties shall have the option of assuming the financial obligations of all non - signing parties and in that event the Contract shall be effective regardless of the failure to execute. If one or more parties fail to execute and no one agrees to assume the non- signing party's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. ATTEST: CITY OF ROUND ROCK By: Joanne Land, Mike Robinson, Mayor . (date) City Secretary LANDOWNERS: 1. ROUND ROCK INDUSTRIAL PARK By: (date) 2. JOHN LLOYD DEVELOPMENT By: (date) 3. MB JOINT VENTURE By: i 4. CHARLES D. BECKER, Trustee 5. NORTH UNIVERSITY BUSINESS PARK JOINT VENTURE By: 6. JAMES K. EICHLEBERGER, JR. (date) 7. DeDEAR COMPANY By: (date) 7. (date) (d —. �--" _ - - -- 8. GLEN C. ANDERSON, Trustee (date) 9. 10. ELMER BEESE (date), THOMAS JOEL DAVIDSON \ (date) LOUANN ELIZABETH DAVIDSON (date) 11. PENTAD JOINT VENTURE 12. BI LY W. GLENN t By: Bill Kitts, Managing Partner 8. (date) ' /d.10G (date) (date) APPENDIX I. (Water Project) Landowners pro rata share of the total project cost. Landowner Pro rata share 1. Round Rock Industrial Park $ 421,485.35 2. John Lloyd Development 324,219.50 3. MB Joint Venture 566,426.65 4. Charles D. Becker, Trustee 147,961.99 5. North University Business Park Joint Venture 349,614.50 6. James K. Eichleberger, Jr. 294,745.00 7. DeDear Company 117,898.00 8. Glen C. Anderson, Trustee 162,109.75 9. Elmer Beese 14,737.25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 14,737.25 11. Pentad Joint Venture 194,531.70 12. Billy W. Glenn and wife, Janet C. Glenn 92,229.00 13. Funds paid by previous participants 87,693.40 14. City of Round Rock's share 114,774.40 Total Estimated Project Cost 2,903,163.74 SOUTHEAST ROUND ROCK WASTEWATER SERVICE AGREEMENT (REVIS STATE OF TEXAS COUNTY OF WILLIAMSON Recitals THIS REVISED AGREEMENT is made and entered into on this day of , 1986, by and between the City of Round Rock, Texas ( "City ") and Round Rock Industrial Park, a Texas General Partnership, John Lloyd Development, MB Joint Venture, Charles D. Becker, Trustee, North University Business Park Joint Venture, James K. Eichleberger, Jr., DeDear Company, a Texas General Partnership, Glen C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife, Louann Elizabeth Davidson, Pentad Joint Venture, and Billy W. Glenn and wife, Janet C. Glenn, ( "Landowners "). WHEREAS, most of the foregoing Landowners and others not now named previously entered in a Wastewater Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the financing of the project described below, and • WHEREAS, the above -named Landowners own property in an area generally southeast of the City's limits, said area hereinafter designated as the "Study Area ", and said properties being shown on 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 $1,000,277.90, and estimate that the completion will occur the spring of 1987, and 1 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 - --- 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, aii to ----- contract with the City to administer the construction of the improvements, and "r WHEREAS, Landowners now wish to enter into this Revised Agreement to supercede and replace the previous Agreement, Now Therefore, It is Agreed That: MORE PARTICULARLY DESCRIBED IN NAME NUMBER OF ACRES EXHIBIT I . Landowners own the number of acres within the Study Area as indicated below: 1. Round Rock Industrial Park 142.91 JWSTAGRT agn 2. John Lloyd Development 117.50 3. MB Joint Venture 196.97 4. Charles D. Becker, Trustee 41.9487 5. North University Business Park Joint Venture 100.00 6. James K. Eichleberger, Jr. 100.09 7. DeDear Company 59.178 8. Glen C. Anderson, Trustee 26.841 9. Elmer Beese 5.35 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 5.19 11. Pentad Joint Venture 460.00 12. Billy W. Glenn and wife, Janet C. Glenn 83.646 II. NAME LUE's 1. Round Rock Industrial Park 715 2. John Lloyd Development 550 3. MB Joint Venture 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture 450 6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 2. A "Kn 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: The number of LUE's for residential uses shall be determined as follows: TYPE OF RESIDENTIAL UNIT Single Family Detached Duplex NUMBER OF . LUE's 1. 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 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 arty 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 engineering fees and two and one -half percent (2.5 %) for unforeseen contingencies is $1,000,277.90. 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 $1,010,277.90. 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. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw requests, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the City's standard practices regarding Capital Improvement Program projects. 3. IV. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain 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 "N ". 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 projects' 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 Agree 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 rat share of the total actual project cost, including any increase. Eac Landowner shall provide a substitute letter of credit in 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 the account set forth pursuant to Section V hereof, shall be 4. V. refunded to the Landowners pro rata in accordance with their respective contribution to the total project cost. 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 $75.00 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 ne 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 mad' to , - locate the required easements along property lines and_other ___ locations most convenient to Landowners, it is understood this not always possible. It is agreed that the final determination of the best location for the easements will be made by the- 't 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 circumstances beyond the control of the City and which are not 5. 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 s have n� 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. The Landowners who executed the previous agreement and the City agree that this Revised Agreement and the City agree that this Revised Agreement replaces and supercedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. XIII. Special Provisions The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their successors or assigns in title to the property described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for herein and the other Landowners shall be entitled to a pro rata credit, so that all Landowners will pay the same per LUE (not including the on site costs attributable to some tracts.) xIII. 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. 6. 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, provided however, if one or more of the named parties _ fail to execute it, the City and other parties shall -hav _the= - option of assuming the financial obligations of all -npn- signing parties and in that event the Contract shall be regardless of the failure to execute. If one or more parties fa-i1 to execute and no one agrees to assume the non - signing part's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. ATTEST: CITY OF ROUND ROCK Joanne Land, City Secretary By: Mike Robinson, Mayor (date) LANDOWNERS: 1. ROUND ROCK INDUSTRIAL PARK By: (date) 2. JOHN LLOYD DEVELOPMENT By: (date) 3. MB JOINT VENTURE By: (date) 7 . 9 . 10. 12. / _. 4. _—L — CHARLES D. BECKER, Trustee (date) 5. NORTH UNIVERSITY BUSINESS PARK JOINT VENTURE By: 6. JAMES K. EICHLEBERGER, JR. (date) 7. DeDEAR COMPANY By: (date) 8. GLEN C. ANDERSON, Trustee (date) ELMER BEESE (date) ., THOMAS JOEL DAVIDSON (date) LOUANN ELIZABETH DAVIDSON (date) 11. PENTAD JOINT VENTURE By: Bill Kitts, Managing Partner BILLY W GLENN ET C. GLENN 8 . (date) (date) (date) (date) / _. !, APPENDIX I. (Wastewater Project) Landowners pro rata share of the total project cost. Landowner 1. Round Rock Industrial Park 2. John Lloyd Development 3. MB Joint Venture 4. Charles D. Becker, Trustee 5. North University Business Park Joint Venture 6. James K. Eichleberger, Jr. 7. DeDear Company 8. Glen C. Anderson, Trustee 9. Elmer Beese 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 11. Pentad Joint Venture 12. Billy W. Glenn and wife, Janet C. Glenn 13. Funds paid by previous participants Total Estimated Project Cost Pro rata share $ 163,842.90 119,493.00 200,965.50 - 0 - * 156,007.00 108,630.00 57,471.20 59,746.50 5,431.50 5,431.50 71,695.80 21,726.00 39,837.00 1,010,277.90 * Charles D. Becker, Trustee has previously paid for an on -site wastewater line at a cost of approximately $107,000.00 for which credit has been given for his pro -rata share of the project and his participation in this Agreement. A • DATE: SUBJECT: ITEM: June 10, 1986 Council Agenda, June 12, 1986 11D - Consider a resolution authorizing the Mayor to execute an agreement with the Southeast Utility Group. The Southeast Utility Group is sponsoring water system and wastewater improvements totalling more than $3.9 million. The City is participating for $114,774.40 in oversizing of water lines. Oversize in the wastewater side is handled as a subsequent user fee therefore no City participation is required. As of Tuesday Noon the agreement has not been signed by all parties. This request is to authorize the Mayor to execute this agreement when all participants have signed up. That all ( LUE's) that were assigned to the property listed in Exhibit "H" of the Agreements are hereby transferred to the 37.352 acre tract described in Exhibit "C " attached hereto. RESOLVED this I I �i'l/ day of l l , 1991. WHEREAS, on the 12th day of June, 1986, the City of Round Rock, and the owners of properties located in southeast Round Rock, entered into the Southeast Round Rock Water Service Agreement (REVISED) and the Southeast Round Rock Wastewater Service Agreement (REVISED) (hereinafter called "Agreements "), said Agreements being attached hereto as Exhibits "A" and "B ", and WHEREAS, the field notes described in Exhibit "H" of said Agreements are incorrect in that they did not accurately describe the properties owned by the Windy Terrace Joint Venture (now the Dedear Company), one of the signers of the Agreements, and WHEREAS, water and wastewater service measured in living unit equivalents ( "LUE's ") were assigned to each of the properties in the Agreements, and WHEREAS, the City of Round Rock desires to correct the above - described error in the Agreements by transferring the LUE's originally assigned to the. property described in Exhibit "H" of the Agreements to the 37.352 acre tract described in Exhibit "C ", attached hereto, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, RSLUES RESOLUTION NO. 15 / ATTEST: JO LAND, City Secretary 2. MIKE ROBINSON, Mayor City of Round Rock, Texas IX1IiIIT ° A" SOUTHEAST ROUND ROCK WATER SERVICE AGREEMENT (REVISED) STATE OF TEXAS COUNTX OF WILLIAMSON - n THIS VISED AGREEMENT is made and entered into on this Roy of 4� , 1986, by and between the City of Round Rock, Te r ("City) and Lloy Rock Industrial Joint Ventura, s General Partnership, " Lloyd Development, Charles s D. . Hecker, , Trustee, North University Business Park Joint Venture, James K. Eichleberger, Jr., DeDear Company, a Texas General nerndp, Glen CuanraElizabeth Davidson, Pentad Joel eavideoidand and wife, , Lo n Venture, and Billy W. Glenn and wife, Janet C. Glenn, • ( "Landowners "). Recitals WHEREAS, most of the foregoing Landowners and others not now named previously entered in a Water Service Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the financing of the project described below, and WHEREAS, the above -named Landowners. own property in an area generally southeast of the city's limits, said area hereinafter designated as the "Study Area," and said properties being shown on 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 & Mailman, Inc. estimate that the cost of then said will occurvthesspring$ of 1987 s and estimate that 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 jointly finance sharing nstructionucofctheo improvements, i , and to the contract with the City to administer the construction of the improvements, and WHEREAS, Landowners now wish to enter into this Revised Agreement to supercede and replace the previous Agreement, llow Therefore, It is Agreed That I . Landowners own the number of acres within the study Area as indicated below: MORE PARTICULARLY DESCRIBED IN NAl'1Pa $UMBER OF ACRES EXHIBIT 1. Round Rock Industrial Park 142.91 JWATERAG EXHIBIT P .1 1 2. John Lloyd Development 3. MB Joint Ventura 4. Charles D. Becker, Trustee 5. North university Business Park Joint Ventura 6. James K. Eichleberger, Jr. 7. DeDear Company a. Glen C. Anderson, Trustee 9. Elmer Beese 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 12. Billy W. Glenn and wife, Janet C. Glenn 117.50 196.97 41.9487 100.00 100.09 59.178 26.541 5.35 2 . 5.3.9 11. Pentad Joint Venture 460.00 83.646 II. "Fu "G. 11R11 11311 113(11 113,11 ama 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 UL E's 1. Round Rock Industrial Park 715 2. John Lloyd Development 550 3. MB Joint Ventura 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture 450 '6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 The number of LUE's for residential uses shall be determined as follows: TYPE OF NUMBER OF )t£SIDENTIAL UNIT 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: guildinq 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. III. As stated above, the estimated cost of the improvements including engineering fees and two and one - half percent (2.5 %) for unforeseen contingencies is $2,893,163.74. 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 $2,903,163.74. 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. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw request, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the City's standard practices regarding Capital Improvement Program projects. 3. ' IV. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain 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. total amount "pro from ata share." is 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 City shall be used for payment 1) the 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 "H ". 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 satisfact ry design plans L reserved. and spe ifications, shall limmediately 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 receipt f exceeds written the request total from estimated City. project the costevent the 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 (1O%) 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 the account set forth pursuant to Section V hereof, shall be 4. 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 otter 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. VIII. 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. IX. 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. X. The Landowners who executed the previous agreement and the City agree that this Revised Agreement replaces and supercedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. 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. Special Provisions The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their successors or assigns in title to the property described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for in accordance with the formula contained in Exhibit "0" attached hereto. XIII. 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 cohtained 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. LANDOWNERS: 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, provided however, if one or more of the named parties fail to execute it, the City and other parties shall have the option of assuming the financial obligations of all non- signing parties and in that event the Contract shall be effective regardless of the failure to execute. If one or more parties fail to execute and no one agrees to assume the non- signing party's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. ATTEST: CITY Of ROUND ROCK _ ,III1 %/ /II By: 7'4"�'� 14 /Q + / N_ :anne Land, C ty Secretary Mike Robinson, Mayor (date) By: 1. ROUND ROCK INDUSTRIAL PARK 2. JOHH V SOPMENTR (d e) By: 6 -/1 -s 6 (date) 3. MB JOINNT y / NTT J UREE B : Cam, V /!� /' ( , l ,ms „-.._••,^8. G 4 . at DZ A IA / l�b (date) te) /CHARLES D. BECKER, Trustee 5. NORTH UNIVERSITY BUSINESS PARK JOINT V'NTURE 7. DeDEAR C0IPANY By: 7 [0 ■ 7. 6. %a LAW, JAMES K. EICRLEBERG ', . . '(date) -I (date) �oy 8. Qom, _ h W GLEN C. ANDERSON, Trustee a ( ) 1,-//-a (date) 9. MAN' hand e-i ELMER B SE L DA IDSON (date) Z ,1". /4e" a te) UANN ELIZABETH DAVIDSON (date) 11. PENTAD JOINT VENTURE 12. By= tlO Bill Kitts, Managing Partner Lie AO- BI LY W. GLENN JANET C. GLENN 8. (date) (date) /o ak (date) • APPENDIX I. (Water Project) Landowners pro rata share of the total project cost. Landowner Pro rata share 1. Round Rock Industrial Park $ 421,485.35 2. John Lloyd Development 324,219.50 3. MB Joint Venture 566,426.65 4. Charles D. Becker, Trustee 147,961.99 5. North University Business Park Joint Venture 349,614.50 6. James K. Eichleberger, Jr. 294,745.00 7. DeDear Company 117,898.00 8. Glen C. Anderson, Trustee 162,109.75 9. Elmer Beese 14,737.25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 14,737.25 11. Pentad Joint Venture 194,531.70 12. Billy W. Glenn and wife, Janet C. Glenn 92,229.00 13. Funds paid by previous participants 87,693.40 14. City of Round Rock's share 114.774.40 Total Estimated Project Cost 2,903,163.74 SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS Formula Used for Determining Cost Per LUE Water Imr�nts (Total Cost - Total Onsite) Cost /LUE Total LUE Wastewater Improvements (Total Cost - Total Onsite) Coat /LUE (Total LUE - 251 *) * Windy Park • • • i 1 85 re. ::19.!• 001-101 •Y • 11 1 D oil 11 , 1U11 A 59.178 -ACRE TRACT OF LAND OUT OF THE ASA THOMAS SURVEY AOSTRACT N0, 609 IN •WILLIAMSOH COUNTY,: TEXAS, BEING ALSO A PORTION .OF A 95.41- 'OF RECORD ME 448,, PAGE 292 OF FDEED RECORDS OF WILLiAMSON COUIITY,•TEXAS, SAID 59.178 -ACRE TRACT', , OF LAND BEING MORE PARTICULARLY DESCRIBED BY ;METES „ AND BOUNDS AS FOLLOWS:. •• r 1150 Hof Bettis BEGINNINRoaor reference at a 60d nail found • I being in the common boundar•n the • tre of land in the name of y•y line o (u southerly Row trCt of the Be L • • 'Jakub and J.M. Jakub a 5.00 -acre 95.41 - acre t of of Williamson County, line of School Road SBo ount Volume 31'59 "W Y+ Texas, and said noather) for a distance of 126,88 feet'to ari iron r ynortheast corner.and POINT OF BEGINNING hereof; ^d se. • t.for the most THENCE, .departing said ROW' line 519.19'45"E for • a dis to ncc of 1427,74 feet to an 'Iron rod set for,an inside corner hereof; set .1n the fenced 1472 "24'44 "E for a distance of 128 name , on J.H. enced common boundary line between a to land in the Stobough of 'record in Volume 218, Page 180 of the Deed Records. rod Williamson County, Texas',• and said 95.41 -acre southerly.northeast corner'hereof; tract of land for the most • olstarice THENCE, -with sold common boundary line as fenced 2293,85 feet to feet pass an Iron• pipe found, tot a 19 '45 "E at a of ron rod found at most • for southerly corner of distance f sa Id 100 -0l; 1293 tract and said 95.41 -acre tract: for the mostmsoutheasterl co • Y corner • V•�r.a4 "W at 19FNCE,'with the southerly boundar tract .• "E a dis 10.84 feet Y I fhe h sa it 95 of 1095 rod fo ue ., IC +, /..on ..d 2.0 feet, a po from waice od found bears '.d found, and - t, fan a• P pe found be 1s 572-22'27"o 01 '�r` ^'•. of Z12. J2 feet., Si .which an iron 04 feet to an of sa',o !!5,4110 d iron rod found being th end s9 so th SteIy for a 95.4I-acre tract and t::e most southwester) the most southwesterly Y corner hereof; Y corner th , THENCE, with the comma,: boundar Rec o.,. r d I l V met 110, of Wll liamson.Count Volume 11 tract a tract of ' land in disk. of 642,90 feet y• Texas, and safd 95,41 ct 34 9f "t6 Bland L. t for et to an iron rod found 95.4I ta I y corner of Deed • an angle point.in the at a northeaster) / °r a was �.eKl� �•r ° F 1000°(; Y corner of said for "ace or Doyle Dickerson wi b I between .a 7 -acre tract in JS °! yleliamkon IY fl 1 ' 18 ..e .1.1 o "W a distance ^' Volume 526 h the 10 stance of 52 r5 'sa .et Tess l can a r l J ne o1,.a c Deed +or er total distance of 1650 J feet aqdr545 • feet• ass tree! ,as fenced rect di sr hereof; .1 8 5 ( Pgt, to.l 1 f,yiof cod set for l mos . a therl, 1 1 6 ply. the m'3. • southerl Y THENCE, , 1' !'' • ` { 5, S':.•. feet to nE ce deperttrlo.slidic f I kilt f , . : • l. , ,'•� : ' i 1 on rod set' for an scar II J h er f o "E 1 stance of THENCE; HI9 19� 45 1 "' fri ids' corner hereof; 1 !00 0 di I .! !t r "1 , , the. southerly fP di tenc r arc,+ .et corner .hereof; ROW. 1ni^ef of :Oat , IF�•Schogl,Roa e l 4 e l•h e . •noit. A0 r,he,. j ' ,rod THENCE, with y! 1' 1/ •. . • S9 "E .theli 63:44 southerl I•a "'• " for a distance of feet _td IROyr of I „ i • ' I the =P0111 i,, OF BEGII.N 171G he eof School !Roan By. I 1 ,: . • !'.1 ?•cOn Is1oim +0 Public Surveyor llo,i4�9'•: f EXIIIDIT I1 M NAI1B JWSTAGRT EXHIBIT "B" ,SOUTHEAST ROUND ROCK WASTEWATER SERVICE AGREEMENT (REVISED) STATE OF TEXAS .. COUNTY OF WILLIAMSON THIS R V SED AGREEMENT is made and entered into on this l� day of AlMIJ , 1986, by and.between the City of Round Rock, Tex. ("City") and Round Rock Industrial Park, a Texas General Partnership, John Lloyd Development, MB Joint Venture, Charles D. Becker, Trustee, North University Business Park Joint Venture, James K. Eichleberger, Jr., DeDear Company, a Texas General Partnership, Glen C. Anderson, Trustee, Elmer Besse, Thomas Joel Davidson and wife, Louann Elizabeth Davidson, Pentad Joint Venture, and Billy W. Glenn and wife, Janet C. Glenn,' ( "Landowners "). Recitals WHEREAS, most of the foregoing Landowners and others not now named previously entered in a Wastewater Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the Financing of the project described below, and WHEREAS, the above -named Landowners own property in an area generally southeast of the City's limits, said area hereinafter designated as the "Study Area ", and said properties being shown on 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'arder 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 $1,000,277.90, and estimate that the completion will occur the spring of 1987, 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 costa, Landowners wish to jointly finance the construction of the improvements, and to contract with the City to administer the construction of the improvements, and WHEREAS, Landowners now wish to enter into this Revised Agreement to eupercede and replace the previous Agreement, Now Therefore, It is Agreed That: I . Landowners own the number of acres within the Study Area as indicated below: NUMBER OF ACRES 1. Round Rock Industrial Park 142.91 i EXHIBIT R ., 1 MORE 'PARTICULARLY DESCRIBED IN EXHIBIT 2. John Lloyd Development 3. MB Joint Venture 4. Charles D. Becker, Trustee 5. North University Business Park Joint Venture 6. James K. Eichleberger, Jr. 7. DeDear Company B. Glen C. Anderson, Trustee 9. Elmer Beese 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 11. Pentad Joint Venture 12. Billy W. Glenn and wife, Janet C. Glenn II. 2 . 117.50 196.97 41.9467 100.00 100.09 59.178 26.841 5.35 5.19 460.00 83.646 pAME J,UE's Round Rock Industrial Park 715 2. John Lloyd Development 550 3. MB Joint Venture 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture' 450 6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 ndn n HP" "011 ngn 11111 iJ11 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: The number of LUE's for residential use shall be determined as follows: TYPE OF RESIDENTIAL UNIT Single Family Detached Duplex Tri -plex, four -plex and multi- family 2. To any other Landowner; 3 . NUMBER OF - LUE's 1.0 0.9 per unit 0.7 per unit ' The number of LUE's for commercial and industrial use shall be determined in accordance with the following formula: puildino 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; 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. III. As stated above, the estimated cost of the improvements including engineering fees and two and one -half percent (2.5 %) for unforeseen contingencies is $1,000,277.90. 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 $1,010,277.90. 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. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw requests, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the city's standard practices regarding Capital Improvement Program projects. IV. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain onsite costa 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 "N ". 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 the account set forth pursuant to Section V hereof, shall be 4. 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 $75.00 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 prorate 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 & Hallman, 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 circumstances beyond the control of the City and which are not 5. 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. The Landowners who executed the previous agreement and the City agree that this Revised Agreement and the City agree that this Revised Agreement replaces and supercedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. XIII. Special Provisions The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their •successors or assigns in title to the property described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for in accordance with the formula contained in Exhibit "0" attached hereto. XIII. 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. 6. 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 eignature 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, provided however, if one or more of the named parties fail to execute it, the City and other parties shall have the option of assuming the financial obligations of all non - signing parties and in that event the Contract shall be effective regardless of the failure to execute. If one or more parties fail to execute and no one agrees to assume the non - signing party's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. ATTEST: CITY OF ROUND ROCK nne Land, ity Secretary • Sy: LY14 � /fc."` - 7 g--'-d 7 , (date) Mike Robinson, Mayor LANDOWNE• =: By: 1. ROUND ROCK INDUSTRIAL PARK 2. JOHN Ij.OY t� l 3. MB JOINT VENTURE (date) 6 - 4 (date) 7 (date) 12. Ikk /t3MI HARLES D. BECKER, Trustee 5. NORTH UNIVERSITY BUSINESS PARK JOINT V NTURE JAMES K. ICHLEBERGE 7. DeDEAR COMPANY By: Pa 6 -11-84 (date) G EN C. B. )( ) ( ANDERSON, Trustee ( at 9. a„Ai c._Poz_ -0-3'6 EELLM BEESE .',�/ / (date) CL THOMAS JOEL DAVID ' _ v ON ,,.•,����// � /e�it 1.J2/�(i� ( // s w LO ANN ELIZABETH,DAVIDSON (date 11. PENTAD JOINT VENTURE By: 4e, Bill Kitts, Managing Partner BILLY W. LE N � �. Jry ET C. GLENN S. da e) (date) 6-ii -v6 (date) (date) 4e -M PF (date) APPENDIX I. (Wastewater Project) Landowners pro rata share of the total project cost. Landowner Pro rata share 1. Round Rock Industrial Park $ 163,842.90 2. John Lloyd Development 119,493.00 3. M8 Joint Ventura 200,965.50 4. Charles D. Becker, Trustee - 0 - * 5. North University Business Park Joint Ventura 156,007.00 6. James K. Eichleberger, Jr. 108,630.00 7. DeDear Company 57,471.20 8. Glen C. Anderson, Trustee 59,746.50 9. Elmer Beese 5,431.50 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 5,431.50 11. Pentad Joint Venture 71,695.80 12. Billy W. Glenn and wife, Janet C. Glenn 21,726.00 13. Funds paid by previous participants 39.837.00 Total Estimated Project Cost 1,010,277.90 * Charles D. Becker, Trustee has previously paid for an on -cite wastewater line at a cost of approximately $107,000.00 for which credit has been given for his pro -rata share of the project and his participation in this Agreement. Water Improvements (Total Cost - Total Onsite) Cost/LUE Total LUE Wastewater Improvements (Total Cost - Total Onsite) Cost /LUE (Total LUE - 251 *) *Windy Park SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS Formula Used for Determininq Cost Per LUE 1 11 1 11. Nu ;LC, •• 160 A 59,178 -ACRE TRACT OF LAND OUT OF THE ASA THOMAS SURVEY ABSTRACT N0. '609 IN • WILLIAMSON O COUNTY,.TE %AS, BEING ALSO A' PORTION 41- ACRE TRACT OF LAND IN THE NAME OF FLOY HOWE OF RECORD iN VOLUME 448, PAGE 392 OF TIIE DEED HE TES OF WILLIAMSON COUNTY, TEXAS, SAID '59.178_ OF LAND BEING !IORE PARTICULARLY DESCRIBED BY RECORDS A0O 8005 AS FOLLOWS: '• ACRE TRACT .f 99 llne•of Ga tt 'BEGINNING reference '•' " tract is School Road being refs also 8t a nail found n southerly 844,• Page land in the name of cowman boundar' 9e d12 the V 'L.':Jakub and J.M. tier of , 5.00-acre ROW 844, Poge.t912t of land, Deed .Records of Williamson County, of record , ex OS.41 acre tract ctW f lam , thence with! the soUtherly'.ROW line of Texas, and Y ch o ol Road y 37'59"W a disc 26,00 f d( and said and POINT DF BEGINNING t re Iron rod se (°r drool • THENCE, er eof; the most 1427.74 feet to En d eparting said ROW' li Iron rod set for,an inside corner9 e5 € for a distance of THENCE, hereof; set ;in the f 9h boundary 1 a ern of 120.26 cef an rod name of J.H. THENCE, distance • set Williamson .in h Stobou record boundary 1°lumeet1 100 -a tree Deed R act° fron County, Texas,. n hereof; said. 2ID , Page et of l the of ecords Y Co and 95,41_. a of th and far the • corner of land most o is tarice TIIEUCE '.With said common boundary lone as fenced 519 "19'45 "E at a 2 e t a nd at most ' pope found, for e hereof; said 95, 41 - acre southerly total distance of tract for the most common' southeasterly e of sn easterly corner the soueastr 1 .�. ads 1 NENCE, with 0 a s s h / a lypoint ,from line whlch T said lr 95.4I-acre od tract fo es !eo •tn of 212.32 and 'From .which' an a'total distance of 1005 feet bears °f sa'.° 95.41-acre o 32 feet•, sa;d Iron rod foundnbeing the most e Z I cor r tract and '.a bears 57 ; 2 t'• most southwesterly corner southwesterly tht THENCE, T hereof; Y c orner Recu.., °f HEN. w ith { Ete and o( '. boundar between a tract of dlsr °f W111 faros on. Count record In lVolu °f 642.90 feet Y,. Texas, and said 95.41 -ac 11 tract ct NI2856'24 9 n f In Bland er•Yet for 2. 0 to an iron rod found at a northeasterl the'De14 ere tract NIB'S6'24'W for a • 91e poin.t•in the•wes eel THENCE, With F pee Tie hereof; Y corner of said •'sine J.; ofo DoWilliamson le Nickerson; County llok., rec ¥olome 52 tract in the ..e" 77'34'W a x', fo- a total l distance 0 1523 '1 • ' s i n gq ld :95 c r ��W c Ithe a ced ,.e 7 feet aqd 54 $ S feet 1 '"acre -Line oas !recd, esta disc of 1 650,' 84fe t to I Ps a hereof; a )) I f, 1 l}forl rod set f creek, THENCE, P '1 1 14 ? ' !C 1 IN ! or; most southerly d • art r ief011c1owIpo'tl • „ . • 11 . I• I I THENCE rod set, an In4itle�1 r r h 3 e� eof• E ' f0rl S':... feet to an iron distance °! corner It lo: the. souther; 1719” 19;'45•'1j .. I I 1 • ' •: }} II •. Ira:, st corner hereof; ROW, laine : C , a t ti'I¢� n SChODI,Rpad 4 f e1,6. . . m st !run ,rod n THENCE with t • ' ,•'�, os l. m nr: b nrl 59 "E for " ' % a di stance of 63.44 f 1Rplj.1',iina• (; I f eet "Lo tha °f INNING col OF BEGINNING h 5th� 1Jr onre. e: eol, is By: 3; Public fsbolm 11, ' . ubl is Surveyor No. i 4 95" I • ., 11 EXHIBIT 11 • 1'•85 ' . :19•!001 -101 ,! its l ; , DESCRIPTION FOR A 37.352 -ACRE TRACT OF LAND SITUATED IN THE ASA THOMAS SURVEY, ABSTRACT N0. 609, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 95.293 -ACRE TRACT OF LAND CONVEYED TO FLOY HOWE BY INSTRUMENT RECORDED IN VOLUME 448, PAGE 392 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 37.352 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a point being the southeast corner of said 95.293 -acre Floy Howe tract of land, being also the southeast corner of a 6.000 -acre portion of said 95.293 -acre tract as conveyed to Windy Terrace by instrument recorded in Volume 1169, Page 32 of the said Official Records, said point being also the southwest Corner of a 100 -acre tract of land as conveyed to N. J. Dedear by instrument recorded in Volume 415, Page 157 of said Official Records, thence, with the east boundary line of said 95.293 -acre tract, same being 'the east boundary line of said 6.000 -acre tract and west boundary line of said 100 -acre tract of land, 619 ° 19'45 "W a distance of 239.12 feet to a point being the northeast corner of said 6.000 -acre tract of land for the POINT OF BEGINNING hereof; THENCE departing the east boundary line of said 95.293 -acre tract of land, same being the west boundary line of said 100 -acre tract of land with the north boundary line of said 6.000 -acre tract, S73 ° 24'44 "W for a distance of 1093.41 ft. to a point being in the west boundary line of said 95.293 - acre tract of land, and the east boundary line of a tract of land conveyed to Hedwig Bland, Nel Heard by instrument recorded in Volume 110, Page 284 of said Official Records, said point being also the northwest corner of said 6.000 - acre tract of land and southwest corner hereof; THENCE with the west boundary line of said 95.293 -acre tract of land same being the east boundary line of said Hedwig Bland, Nel Heard tract of land, 018 ° 56'24 "W for a distance of 403.85 ft. to a point being the northeast corner of said Hedwig Bland, Nel Heard tract, said point being also the southeast corner of a tract of land conveyed to Doyle Nickerson and wife Evelyn Hickerson by instrument recorded in Volume 526, Page 50 for an angle point in the west boundary line hereof; THENCE continuing with the west boundary line of said 95.293 -acre tract of land, same being the east boundary line of said Nickerson tract, 618 ° 54'28 "W for a distance of 1092.72 ft. to a point for the northwest corner hereof; THENCE departing said common boundary line thru the interior of said 95.293 -acre Floy Howe tract of land being parallel with the north boundary line of said 6.000 -acre tract of land, N73 ° 24'44 "E for a distance of 1082.62 ft. to a point in the east boundary line of said 95.293 -acre tract of land, same being the west boundary line of said N. J. Dedear 100 -acre tract of land for the northeast corner hereof; THENCE with the east boundary line of said 95.293 -acre tract of land, same being the west boundary line of said 100 -acre tract of land S19 ° 19'45 "E for a distance of 1497.04 ft. to the POINT OF BEGINNING hereof and containing 37.352 acres of landt* Prepared from records by Baker- Aicklen & Associates. CJC:ek April 9, 1990 Job Ito. 489-001-20 SAVE AND EXCEPT the 60' strip of land already conveyed heretofore in Volume 1169, Page 32, Williamson County Official Records, now known as Tract 2. EXHIBIT ry l ' DATE: April 9, 1991 SUBJECT: City Council Meeting, April 11, 1991 ITEM: 9.F. Consider a resolution correcting the property description of a tract of land which is included in the SOUTHEAST ROUND ROCK WATER AND WASTEWATER AGREEMENTS. STAFF RESOURCE PERSON: Steve Sheets STAFF RECOMMENDATION: In June of 1986, the City and several owners of property on the southeastern edge of the City entered into written agreements to construct water and wastewater system improvements. In exchange for bearing the majority of the costs of construction, the landowners received reserved capacity in the improvements, expressed as living unit equivalents (LUE's). One of the property owners provided the City with an incorrect property description. This error was recently discovered and this resolution will correct this error. SOUTHEAST ROUND ROCK WATER SERVICE AGREEMENT (REVISED) STATE OF TEXAS • • COUNTY OF WILLIAMSON /� 121 THIS VISED AGREEMENT is made and entered between City of Round day of 1966, by and Rock, Te s ( "City ") and Round Rock Industrial Park, a Texas General Partnership, John Lloyd Development, MB Joint Venture, Joint Charles D. Becker, Trustee, North University Business Park Joins Venture, James K. Eichleberger, Jr., DeDear Company, General Partnership, Glen C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife, Louann Elizabeth Davidson, PentadGJoint Venture, and Billy W. Glenn and wife, • ( "Landowners "). Recitals WHEREAS, most of the foregoing Landowners and others not now named previously entered in a Water Service Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the financing of the project described below, and WHEREAS, the above -named Landowners own property in an area generally southeast of the City's limits, said area hereinafter designated as the "Study Area," and said properties being shown 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 cintordermforvthenStudy Area eaito of have access to City's water system, st pump station and transmission of a water er storage tank, lines must be constructed, and WHEREAS, Haynie & Kallman, Inc. estimate that the cost of constructing said improvements is $2,893,163.74, and estimate that the completion will occur the spring of 1987, 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 b to be derived from sharing the construction costs, to jacttly finance the administer construction of the construction ofd to contract the contract with h the e City improvements, and WHEREAS, Landowners now wish to enter into this Revised Agreement to supercede and replace the previous Agreement, Now Therefore, It is Agreed That: I. Landowners own the number of acres within the Study Area as indicated below: NAME 1. Bound Rock Industrial Park JWATERAG NUMBER OF ACRES 142.91 MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" 2. John Lloyd Development 3. MB Joint Venture 4. Charles D. Becker, Trustee 5. North University Business Park Joint Venture 6. James K. Eichleberger, Jr. 7. DeDear Company 8. Glen C. Anderson, Trustee 9. Elmer Beese 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson II. 2. 117.50 196.97 41.9487 100.00 100.09 59.178 26.841 5.35 5.19 11. Pentad Joint Venture 460.00 12. Billy W. Glenn and wife, Janet C. Glenn 83.646 NAME LUE's 1. Round Rock Industrial Park 715 2. John Lloyd Development 550 3. MB Joint Venture 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture 450 6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 11C11 11D11 11E11 "K" ULU 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: 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 engineering fees and two and one -half percent (2.5 %) for unforeseen contingencies is $2,893,163.74. 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 $2,903,163.74. 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. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw request, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the City's standard practices regarding Capital Improvement Program projects. 3. Iv. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain 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 "N ". 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 the account set forth pursuant to Section V hereof, shall be 4. 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. VIII. 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. IX. 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. X . The Landowners who executed the previous agreement and the City agree that this Revised Agreement replaces and supercedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. 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. Special Provisions The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their successors or assigns in title to the property described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for in accordance with the formula contained in Exhibit "O" attached hereto. XIII._ 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, provided however, if one or more of the named parties fail to execute it, the City and other parties shall have the option of assuming the financial obligations of all non - signing parties and in that event the Contract shall be effective regardless of the failure to execute. If one or more parties fail to execute and no one agrees to assume the non - signing party's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. ATTEST: LANDOWNERS: CITY OF ROUND ROCK By: Mike Robinson, Mayor (date) 1. ROUNI ROCK INDUSTRIAL PARK a/- (da e) 2. JOHN LLOY7V,OPME� 6 6 By: (date) 3. MB JOINT TURE Bv: , CHARLES D. BECKER, Trustee 5. NORTH UNIVERSITY BUSINESS PARK JOINT 'NTURE ./ / By: ( /.'_ _ < A ^ J/h%' - // / / /111 ir!/�i� 1,L i JAMES K. EICHLEBERG 7. DeDEAR COMPANY 7. (date) (da e) (a - g6 (date) 8 GLEN C. ANDERSON, Trustee ( a ) 9 . ELMER B •.SE (date) 10 /X .-- 46':77 THOMAS JA-1 DA IDSON (date) 12. BILLY W. GLENN 8. /.4 i /OUANN ELIZABETH DAVIDSO 11. PENTAD JOINT VENTURE (date) Bill Kitts, (date) Managing Partner (date) (iitt2 C - �r / d T C. GLENN (date) APPENDIX I. (Water Project) Landowners pro rata share of the total project cost. Landowner Pro rata share 1. Round Rock Industrial Park $ 421,485.35 2. John Lloyd Development 324,219.50 3. MB Joint Venture 566,426.65 4. Charles D. Becker, Trustee 147,961.99 5. North University Business Park Joint Venture 349,614.50 6. James K. Eichleberger, Jr. 294,745.00 7. DeDear Company 117,898.00 8. Glen C. Anderson, Trustee 162,109.75 9. Elmer Beese 14,737.25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 14,737.25 11. Pentad Joint Venture 194,531.70 12. Billy W. Glenn and wife, Janet C. Glenn 92,229.00 13. Funds paid by previous participants 87,693.40 14. City of Round Rock's share 114,774.40 Total Estimated Project Cost 2,903,163.74 *Windy Park SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS Formula Used for Determining Cost Per LUE Water Improvements (Total Cost - Total Onsite) = Cost /LUE Total LUE Wastewater Improvements (Total Cost - Total Onsite) = Cost /LUE (Total LUE - 251 *) ....l.li 4tr,- ..: land Nltunt•d in the Mernucan HtrnClieY, Abstract EX 314 and thn Wn. ..rker Suivey, Abstr;,ct N 107 in Wifliam,,n County, 1 :Tixas, and satOm. Larkt'r SHIVCY, Abstract Nb-s" 109 in Travis Ctunty, 4 Texas, of which appTrimately 141.2) acres are Otuated in Willf.cenen ' Coiinty, TexaS, ane 0 05 of an acre is sttuateci in Travis County, Te> As; land bc:ing a po of that certain tract of land called 152.5 as 'conveyed Le 33. W Glenn by deed as recorded in Volume 490, :-,Page 534 of the Deed Records of Williamson County, Texas, and a portion W that certain tract of land called 44.0 acres as conveyed to P. W. Glenn deed as recorded in Volume 260, Page 368 of the Deed Records of . Willi:amson County, Texas. Surveyed on the ground in the month of February, under the supervision of R. T. Magness, Jr., Registered Public Sur- .,.. 'oveyor, and being more particularly described as'follows: fiEG1NN/NG at an iron pin found at a'' fence corner or near the N.E. 'co rWe'r o f the Suc r a t us Darling Survey, Abstract No. 876 in 0il. I i a in..ton .. ' County, Texas, and an interior corner of the said' lietnucan Hunt Survey „. . _.. in' the 0est line of said. 1, 5 7,. 5- ac re Clen'n tract :narking the S.E. corner of said 44.0-acre Menn,tract, marking an interior corner hereof; '','t!r,•. !HENCE 5.87! 7. .:0' 'kl" w, 249.00 feet, with a fence on the South lin, of said 44.07acreGlenn tract, to an iron pin found marking the Si, corner certain tract of land called 0.92 of ansacre as conveyed to . •,', , , . 0, c.-Jacobsen by (Int.: 4s r in Volume 689, Pa 449 of U., Deed ''•- • = 'iecotCs of Willidmson County, Texas, marking the most southerly , olner hereof,' ' 09 0, -.:e.67 feet to an iron pin* found in the South line .Couety Road No. 170 marking the N.E. corner of said 0 .92-acre Jacob- , tract, marking th, N.W. corner hereof; L4 with the said South line of County Road No. 170, as fell, N 72 27 ;.30 4„ feet to an iron pin found; N 55° 15' 4, r, .297.91 fee an irun 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 26' 30"-E, 86.87 feet to an iron pin found; S 66° .. ‘.-' 57 30 E138.44 feet to an iron pin found; S 51° 43' .30" 4, .... passing* the':N.4'' corner of said 44 .0-acre Glenn tract and the N.W. cornerSofsaid 1 52.5-acre Glenn tract, 787.99 feet to an ■'`,.)., it_on,SpinfoUnd; S 51° 5f' 30" E. 17 to an iron pin e'undrand,S 51".50' 4, 261.69 feet to an iron pin found mark- the'N.W. corner of that certain tract of land called 5.0. ,acres as 10 T. Arnold by deed as recorded in:Volum, 686, . Deed Records of Williamson County. Texas, marl..ing -he most westerly N.E. corner hereof; , ,C S:30° 03' W, 4 39.00 feet, with the West line of said 5.04-4cre ract to an iron pin found marking the S. 0. corner of said `.. tract, marking al: interior corner hereof; *%° 1: , ;:•, , E, with the South line of said 5,O4-, ,.c Arnold :fact, at 'eeT pass an irun pin found in West line of an existing 50-foot-wide sement and cent :cuing for a total distance of 549.84 feet, in all s un pin set in tun center of said 50-toot-vide tuad'easemQ::: in t;line of- that rtrtalc tract of land called 5.15 acres as , Schvartz by deed a. 8 in Volume 659, r;:le 605 of 111( C":;■( , ."(.rdS Of 0 5 1): Z:7,0f1 C-tuntv, Te>.as, rarl...fng the S.E. corner of ;:td-Arnold 5.0 tract, rat a northeasterly corner hereof; NZE S 30 11' W. 109 4. : feet, with the centerline Of said 50-fcet-vide ' , s. -nt .■ •In ,: .: p set for the S.W. corner said 5.15 Acre art.z tract. ior A :113t:lo. ,01ner hereof; * :THENCE S 59 5 E, With the South line of said .5.15-acre Sch:drtz ir,act,',at_25.00,feet p4sf ar iron pin found in the East line of s.:d 510-leet,,-wide,road c4se-..ent, 4nd continuing for a total distance of 574.91 :e,t.,..in• all, to an itun pin found '.irking the S.E. corner of said 5.15- acr'0 tract in the EASE :Inc of said 1 52.5-acre Glenn trac( . : MIL- -, ng=the, most sowiwr) N.E. 808”1'; 1.vreof4 l• • \ I NIT "A" ! „ t,f Tht ot• EXHIBIT El PAtic 1 .--'' 5 10' 02' W. 4-4.20 'ect,.with'the East )1n of said 152.5-acre . clenri tract, Lc ln :: p:n found marking the E. corner of that certain acCof land c,._ 5.11 acres as conveyed to Burrows by deed as rdeci Volume 715, Page 929 of the Deed Records of Williamson County, - :.marking a corner hereof; -..:; ,ThENCE N•60 00' W, with the North line of said 5.11-acre liurrowh cract, at, feet pass an iron pin found in the East-line of 'said 50-font-wide i easement and continuin), for a total distance of 574.91 feet, in all, '0 A,aninterior coiner hereof; toan:iron pin set for the N.W. corner of said 5.11-acre Burrows tract, S,30° 01' 30" w, 38(, 84 feet, with the said centerline of the road easement:: to an iron pin set for the S.W. corner of said:51.11acre Burrow', tract, for an interior corner hereof; THEWCE'S 59 59' E, with che South line of said 5.11-acre'Burrows tract .at425.00feet 'pass an iroriltin in the of said 50-foot- 'de rOad:easement'and continuing for a total distance of 574.91 feet, 7,aq„to an'ironpi.h found marking the S.E. corner of said 5.11 Burrows t.ract 'in the East line of said, 152.5-acre Glenn tract, marking aicoirier , hereof; " , . :.. ',.'7.k•-THENCE'S 1160.54 feet, with the said East line of the 152.5- : '.* :',''54k-acre:01enn.tract, passing the williamson County line, to an iron ..:;:;•. :2!"(7' pinjnd,marking.the N.E. corner of that certain tract of land called ' 5 . 3 5':acreS':as Conveyed to E. Beese by deed as recorded in Volume 787, the Deed Records of Williamson County, Texas, marking the ' Ymost'ee'sterly S.E. corner hereof; . ,THENCE N 59° 57' W, 112 6.51feet, with the North line of said 5.35- Beese tract, passing the Wi lliamson-Travis County line, passing said 5.35-acre Beese tract, the N.E. corner of that '.:i.. certain tract of land called 3.19 acre as conveyed to T. J. Jacobson. recorded in Volume 917, Page 701 of the Deed Records County, Texas; the N.W. corner of said 3.19-acre Jacobson a,..i1;'the N.E.'corner ofhat certain tract of land called 2.00 acres aS conveyed to T.' J. Jacobson, et ux, by deed as recorded in Volume 917, - :-: ragd 7G8 of the,Deed Records of Williamson County, Texac, to an iron pinset in the centerline of said 50 foot-wid" road easement for the o f id'2.00-.icre Jaccoison tract, for an interior corner ----- -- - - , • :90 30'-01 with the West line of said 2.00-acre Jacobson tract, ;feet Pisan iron pin found in the South line of said 50 'ezisement and continuing for a total distance of 430.46 feet, in ' , AmenAiron2pin'found in a fence in the South line of said 152.5- .t:X4 Glenn- tract 4 marking the S.W. corner of said 2.00-acre Jacobson rking,the most westerly S.E. corner hereof; th's'aid fence on the South line of said 152.5-acre Glenn - 6,0,1'.22' 30" W, 125.63 feet co an iron pin found and 59 A ° .Y1046.10 feet, to an iron pin found at a fence corner /53t ng the S.W. corner of said 1 52.5-acre Glenn tract on or h'e rhe West line of said Memucan Hunt Survey, marking the ,corner hereof; THENCElk 30° 02' E. 1789.74 fvcc, varh a fence on the West. line of said 157.4cre Cltnr. 'tract.. near the West line of said Memucan Hunr StiT'vevY.;co the place ot 88C1NNINC and containing 141.27 acres of land. EXHIBIT ° A" Pape Two of Three EXHIBIT B PLIc 2 n%1N.7. 1.64 atru:., ::uated in the 14.mucan Hunt %uivey, 314 in 1 c.05; said land being , portion 0: tnot tract of 44 0 ocres as conveyu'd B. W. ly .Jved record,..d ;: • 20, "age 368 of the Deed :..ecords of W:111am- son County, Texas. : o'': in the month of Feb r‘: , 1984. under tne n: P T. H.Ignss Jr., R,gistered 5 and hr.ir. r, 1,7ticu!arly described as follows: : at an iro:. pin found in a fence in the South line of said .'.4.0 Glenn tra7: on or near the most westerly South line of :he Memucan Hunt Survey mai the S.W. corner of that certain tract -r land calls. r of an artc at, conveyed to C. C. .1.1 cobson by d as 'corded Volume 689, Pdge 449 of the Deed.Rccords of Williamson County, marking the S.E. ,oinct hereof; said point being S 87' 20' 30" W, .t..0.00 feet and and S 86' 5,2',W. 51.18 feet from the S.E. corner of said •'re Glon: S 87 i7' W. 9!.65 -ith the said fence o:, the Sour', of said 44 .0-acre clv:.r. t!o, :0 an iron pin found ra:king the ' ,orner of that cert.,11. 1!, : of lond called 16.244 act..; as cunvk CO Carol Luppin by deed as ?.' in Volume 621, Page 719 of the D.ed ords of Will:A-,nn .tv. Texas, marking the S.W. , orner her,uf: 14. o g. w, ., with a fence on the East line of said 2 Leppin t*, ;, an Iron pin found in the '. line of Road No 170, .'. • Cno N. 6, corner of said 16 .2 4 4-acre Lepnin • • E. . the So,th line of . •3d Connt :c an :ron , • , g the N.W. corner f said 0.9: re .:acebson tract. • i:::ng tle N.E. corner hereof; S 1' 09" 6, 6.: .10 feet, , ith the West line of ,aid 0.92 to .11 aF f. NN INC and containing 1.64 •crus of EXHIBIT "A" Page lhrve of Three EXHIBITB riluc 3 -;t PERIMETER FIELD NOTES: BEING 117.45 acres of 3d-id, whicih approximately 70.25 acres arc situated in the Asa Thomas Surve}, Abstract Nu. 609, approximately 12.5 acres a._ situated in the C. E. Ro're S1•: Abstract No. 871, and approximately 34.7 acres are situated in the Wn. Barker Survey, Abstract No. 107, in Willi.noson County, Texas. Said land being that same land, called 117.46 acres, an described in a Quit Clalr. flo:l• to C. R. Luedtke of record in volume 627, Page 177, of the Deed Record :, of t : County, Texas. Surveyed on the ground in the month of June, 194, ..ier the supervision of Don H. Bizzell, Registered Public Surveyor, and ho:';. .,-ore particularly described as follows: BEGINNING at an iron p,11 :o,,nii at a fence corner, at the intersection of the north line of County Re..' Nc*. 189 and the west line of the M.K.6 T. Railroad right -of -way, markinf • corner of the above - referenced Luedtke tract, for the S.E. corner hetr.•f, said point being on or near a southerly L•:c' of the Wm. Barker Survey, ',bstr.'ct 107; THENCE along the said wo'.r line of the M.K.&T. Railroad right -of -way, N 21 25' W, passing the common line .etcher, the said Wm. Baker Survey, Abstract 107, and the C.E. Rowe Survey, Abstt...t 871, passing the common line between the said C.E. Rowe Survey, Abstract 871, anc: tlx 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 Luedthe 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 feat to an iron pin found; S_ 0 56' W, 763.56 feet to an iron pin found; S 60 09' 30" E, 2.83 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 AS 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; 5 37 31' 30" E, 36.52 feet to an iron pin found; S 62° 14' 30" E, passing the said common lfine between the C. E. Rowe 'Survey, Abstract 871 and the Wm. Barker Survey, Abstract 107, passing by ,' or near an interior coiner 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, 1303.01 feet to the place of BEGINNING and containing 117.45 acres of land. STATE OF TEXAS COUNTY OF WILLIAMSON X 1, 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 a..d seal at Georgetown, Williamson County, Texas, this the 27th day of June, 1984, A. D. lh L'i3 63bn H. Bizzell Registered Puolic •.•or, No. 2218 State of Texas Job No. S 1451 - A \ K::OW ALL MEN BY THESE PRESENTS: 000 H. BUELL Ste e Bt33cil, Inc. CON•VITI•O ENOINEEM$ — II/NKYOnt P 0 OQC 655 • OEOAOCTOWN, TX 765^1 2218 � ?1. 3.. y � - EXHIBIT - c PAGE 1 Field Notes ;:for ''John Lloyd l� 7 A o * s pavCe/l (ALtiji a > - }"ac h ed) L //cc /h LO; 1 h a Htsd t eo a ti 1J}5.92 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 DECD 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 .if th” herein described tract being the North line of the said 58.40 acre John Liedtke tract 553 °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 mogt Southerly corner of the said 135.48 acre C. R. Luedtke tract for a corner hereof; EXHIBIT c PAGE 2 Field Notes 'for ' = , John Lloyd THENCE continuing with th ,-, Se 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 mor`e'or less. I the undersigned, do he'eby- 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. F ` STEVE BIt!',NBT >1 o. r 4126 :e Gam cc s ,ta� °,�U� ic 195.92 Acres November 9, 1984 Page 2 Steve Brandt Reg. Public Surveyor No. 4126 Surveyed November 6, 1984 EXHIBIT c PAGE 3 7/ 67' / ( • -.;t4 \,\ .- . - 'ck z \ ki) / k C.R. LUEDTKE et. ux. F/RST TRACT ( /35.48 AC. ) VOL. 763 PG. 509 " ...N... \\ N - f- , ()\\''\ l.) Lziec.;- EXHIBIT,t PAGE 4 /5 196.97 acr,:s 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 D FIELD NOTES BE1(16 3•,.7751 acres of l.ind out o, the Asa Thomas Survey, Abstract No. 609, Wi lliamson County, Texas, and being a portion of a certain 70.0 acre tract of land conveyed to Glen f :cans and recorded in Volume 534, Page 105, Williamson Deed herotds. an.: being more particularly described by metes nd bounds •.Dhows: BE..INNING at a 1/2" iron pin found, being the northwest corner of said 70.00 acte••tract, al so being in the southerly right -of -way line of Gattis School ; Road (R.O.W. varies); THENCE S B9 16'.00" E, with the south line of School Road, a distance of 514.90 feet to an iron pin found. same being the northwest corner of a , retrain 5.00 acre tract conveyed to Tracy Gustafson and recorded in Volume 841, Page 671. Williamson 'County Deed Records; THENCE 17 56' 00" E, a distance of 1459.85 feet to an i rod found at the ...se of a fenc" corner p.,sr; THE:ACE ;7 80 = •0' E. , distance of 538.32 feet to an t'on rod foun•i at the b7se Of a corner rencr THENCE S 17 54' 36" E, , ,l'stanc.' of 1410.67 feet to an Iran rod Eoen.i at the base of a fence corner ,,,•sr, same being the southeast corner of said 70.00 acre tract; THENCE along the west line of said 70.00 acre tract, N 86 29' 32" W, a d, stance of 1172.55 fear '" an iron rod found for the southwest corner of said .70.00 acre tract; THENCE along the wesr ling of said 70.00 acre tract, N 19 44' 32" W, a distance of 385.87 f•'.t ro an iron rod set, same being the most southerly southwest corner of a c,•rrain 2.00 acre tract of land conveyed to Je!.SO Riojas and wife, Juanita Riot:ln and recorded in Volume 772, Page 298, Wi 11 3.tmson County Deed Records; THENCE along the southe: ly and easterly lines of said 2.00 acre tract, ;,following four (4) courses and distances; 1.) 14 40 20' 11" E, a distance of 378.66 feet to an iron rod found; 2.) 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 111.0e feet to an iron rod found; 4.) N 57 06' 111" w, a distance of 30.73 feet to an iron rod found; THENCE 14 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; EXHIBIT E PAGE 1 the ,THENCE 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 69" 77 30 ". a radius of 10.00 feet, and a chord bearing a :..: distance of ,. n7" 12' 43' E, 10.96 feet to an iron rod set at the c. of reverse cu:vurure and a curve to the right; 2.: 11•,::4 ;a td curve tt, the right, an arc distance of 60.67 feet, having a era 1 Angle of l,' 75' 02 ", a radius of 430.,00 feet, and a chord - :.,t,ng and nf 2' 58' 31" W, 60.62 feet- to an iron rod set; w 583.22 feet to an iror, rod set; THENCE S J:' 04' 00" W, a distance of 522.55 feet to an iron rod found In the line of said 70.00 acre tract; -,', 'CE along said wear line of s,t1.1 70.00 acre tract, N 17 56' 00" W, at a of 405.70 feet passi: :; ton rod found for the southwest corner of :ott.a,n 6.14 acre tract conveyed to Roy Lutz, and wife Carol Lutz, and recorded in Volume 553, Page 517, Williamson County Deed Records, .11 a , lis , ance of 1014.31 feet the POiNT OF BEGINNING, containing 39.7751 .wres of land, subject to easem conThions or restrictions of record, lc iny. CUNNI HAM-GRAVES, INC. cycht . Stanley Coa ter. R.P.S. 1481 ebruary 14, 1985 Project No. 0361-0001.0100 E. vr 7., *2' J S1 ANL f. COALTER ................. H81 c il. % ! e s/ EXHIBIT • E PAGE 2 1. 1-')f, act.. or7,PIA sqralu feet of land out of the Asa Thomas '.urvey, At, rat No, 609, C•m ty, Texas, also being out of a certain 1 .63 A,Ces C1.111 of land convevod to lames Travis Cunningham and Billie Rai: Curning- orded in Volu-- '02, Williamson County peed Recoics, and oertAin 7. U aci, i r c. of land conveyed to James Travis Cunningham ••,,1 ; RA, CuAningho ro,•ord•,I in Volume 828, Page 9 Wi 1 liat.i,on County „ds, 1 g morr, n.rticn1arly described by metes And bounds as follows: 81 at an irc;: r itd, being the southeast corner of Raid acre rd• E ; THENCE S 40° 26 23" W, . of 12.20 feet to an ir,n rod sr point of curvaturp.of.a t, the left; THENCE along said curve r, 0 left an arc distance of 11.60 feet, 11AVIA a ,entral angle of 66 27' ladins of 10.00 feet and A chord ba .,nd distance of N 07 12' 10.96 , vet to a point of reverse curvdtu!. , A curve to the right; THENCE along said curv, central angle or 08 05' distance of N 21 58' 1 1' THENCE N 17 56' 00" W, . feet to an iron rod set; THENCE N 72 04' 00" , di.i n taneo of 10.00 feet to an iro rod found, Iwing the northeast corner of said 7.50 a tract; THENCE S 17 56' 00" 8, . distalce ot 747.21 feet to the POINT OF BEG1INC, containing 0.1696 acres or 7,..:86 square feet of land, subject to easenti, conditions or restricri.,.is or r if any. CUNNI Iti114- INC. 70 --- J. Stanley Codlter, RPS e1481 / • February 14, 1985 Project No. 361-0001.0100 CUNNUJGMAH•GRAVES, t o the right, an arc distance of 1 0.67 foot, a radius of 430.00 feet, and a chord bei:iu, and 60.62 feet to an iron rod set; , distance if 683.22 EXHIBIT E PAGE 3 NOTES .. ................. . . J Slit.1P.TOALTERi • 1481 c cugs- AUSTIN, TEXAS 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 follnws: 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 3. 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" £, 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 1.,nd, subject to easements, c.nd or restrictions of record, if any. CUNNI dHAM- GRAVES, INC • Gregory /J. Cx ts, RPS @4197 ' March 1, 1985 Project No. 361 - 0001.0100 EXHIBIT E PAGE 4 ......... F if+ GR i. CLEMENiS A:: .. . su R`!� 9S acres on Gatti School Road, Round Rock, W''atamson County. Texas. The Hetes and Bounds Field Notes Description are as , slows: . FIELD NOTES describing a 94.334 acre tract or parcel of land situated In the Asa Thomas Survey, Abstract No. 609, Williamson County, Texas, being Frances Dedear remainder Schl of Laura Helen Dede 0 Pu conveyed to David d Ray ed Dedear by Warranty Deed recorded in Volume 669, Page 359, of thD eed Records of said County, being more particularly described by metes bounds as follows: 9EDINNING FOR REFERENCE at a point in the centerline of Gattis School Aped (County Road No. 168),. being the Northeast corner of a 95.1 acre tract' of land conveyed to Fioy Howe and the Northwest corner of said 100.00 acres; thence 519'19'45'E, 21.20 feet and 1.(89'45'E, 250.00 feet to an iron in conveyed Vernon b L ' n J ekub and t wife, Jc" O e tract JakubbyGeneral Deed recorded in Volume 044, Page 912 of said Deed Records. being the most Easterly.Northwest'corner and POINT Or BEGINNING of the hereinafter described 94.334 acres; THENCE along the fenced South right -of -way line of said Gatti: School Road, being the North line hereof, N89'45'E, 1053.96 feet to an Iron pin fence corner post, being tire Northeast corner hereof; 60 -0 nail found at a eof in set un derEaafenceainEthe West line o of•a 1 124815 cre conveyed o to p Ernest Lawrence, being an angle point in the East line of said 100.00 acres, for an angle point hereof; THENCE o .�00 acres, being the Eas t c line h then Acres following four and said 100.00 (4) • COUrSeS l (1) 519'39'40 "E, 549.68 feet to an iron pin set under said fence, being an angle point hereof; (2) 519'23'E, 828.43 feet to an iron pin set under'said fence, being an angle.potnt hereof; (3) 519:)5'E„ 819.49 feet to an iron pin set under said fence, being an angle point hereof; (4) 519'24'15 "E, 1089.16 feet to a concrete monument found at a fence corner post, betng the Southeast corner of sata 100.01' 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 On set at fence corner post, being the Southeast corner or said 95.1 a cres and the Southwest corner of said 100.00 acres, being the Southwest " hereof; 1 THENCE along thejenCed 95.14 42efeeand a to 100.00 acres, iron pin set, being the Southwest corner of said 5.00 acres, heinq the most Westerly Northwest corner hereof; an being the line Southea said st corOner acres, said0e 236.26 feet to 5.00 acres an ell corner hereof; feet THENCE the along POIKT the of of th 5.00 herein acres, desc r• ib e'45 " dtract o land containing 94,334 acres of land more or less. 1, 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 encroachments, conflicts or protrusions a e s n pparentontheground There except as shown. 46108 EXHIBIT F EXHIBIT "A" •m. 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 u;:per NE corner of the 200 acre tract set a 4 inch square concrete monument at a fence corner iri the West line of a 30 foot county road, this point stancsS 700 vrs. and W 1435 vrs. from the NE corner of the Asa Thomas Survey; TIIENCE 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 5. 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 ;Jest 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; :'HENCE 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 Wm. Barker Survey, Abstract. No. 107, in Williams° 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 u 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 G PAGE 1 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 Lhc Rowe Survey and the North line of the Wm. Barv.er 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. i5 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; TIIENCE 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.B 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 .t> EXHIBIT G PAGE 2. ' 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 olstance 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 -act. tract and said 95.41 -acre tract for the most southeasterly corner hereof; THENCE, with th' southerly ooundary line of said 95.41 -acre tract • 7 ; %f 84 "W at 1CC feet pass a point-from which an iron rod found bears "E a distanct of 2.0 feet, for a total distance'of 1095.04 feet to an 1.-on d found, and `rom which an iron pipe found hears S73 23'27 "W for a of 212.32 feet, said iron rod found being the most southwesterly corner of s o 1'5.41 -acre tract and c;:e most southwesterly corner hereof; THENCE, with the comm.'. boundary line•between a tract of land in the of Mrs. Hedwig Bland of record in Volume 110, Page'284 of the Deed Reco,. of Williamson County, Texas, and said 95.41 -acre tract N18 "56'24 "W for a disi_ of 642.90 feet to an iron rod found at a northeasterly corner of said Bland c. ct for an angle point in the westerly line hereof; . THENCE, with common boundary line between a 187 -acre tract in the 'itne of Doyle Nickerson, et. ux., of record in Volume 526, Page 50 of the Deed s oc Williamson County, Texas, ano said 95.41 -acre tract as fence c"67'34 "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 8S',.• feet to an iron rod set for an inside corner hereof; THENCE, N19 ° 19'45 "W for a distance of 1445.48 feat to an iron rod set the southerly ROW line of Gattis School Road for thn most nor'hnr nort:i�.st corner hereof; THENCE, with the southerly ROW line of Gattis Schoo' Roar' N8: 7 '59 "E for a distance of 63.44 feet to the POINT OF BEGINNING he :eof. is o m Re't >t. Public Surveyor 1 1 85 Joo 'ci9• -101 No, 4295 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 OF WILLIAMSON COUNTY, TEXAS, SAID 59.178 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES . AND BOUNDS AS FOLLOWS: EXHIBIT H / z Ss_ Date Jims: 26.841 AC1tES: • . ALL THAT CERTAIN TRACT FAI:CEL U LAND LYING AND L_1NO SITUATED IN WILLIAmSnN TP*(S, OUT OF TPE MRF:vIAN HUNT SURVEY, BEING A PORTION c.EL:rt.11! 7 i..9 ACRE TP.^.!:T OF LA':'.) AS CONVEsIED TO EAPTHEL C. UlFE, PHYLMS LEE HEW.ERSON 1.!Y DEED DATED AM1 2C, JN VOIM 1 .)8, PAGF 526, DEED RECORDS OP WILL1A%'SON CNNT( , AND LEING MnE PARTIC LARLY DESCRIBED BY METES At) RonrDs AS FOLLOWS: P,EGINNING at an iron pin fo'J.11 set :it the bane of a corner fence post, said point being t', h,rthm:::L cornor of •Jaid 72.9 ecru tract and being located in the en:It R0'3 line of County Road No. 170; THENCE South 53 Ent, 103+1.19 fcct, with the east line of said County Road No..'17i\ to an iron pin found se t. for the intersection of said road nrdn 50 foot wide road cat;cment north line; THENCE North 67°-25' Ean 1110.26 fcct with the north line of t;aid 50 foot widr road caocnent to an iron pin found set for corner; THENCE North 17 1%st, 767.74 feet, with the west line heroin .described and thc line of the wire fence to n iron pin found set marking the North East corner; THENCE South 72°-49'-36 West, 913. feet, with the north line of said 72.9 acre tract nml the ] inc of a wire fence to an iron pin found for angle poinl; THENCE South 72°-41-04" 23;:.45 feet, continuing with the north line of said 7Z.9 az:rc tract to nr: Iron p!r found at a fence corner post; TRENCE :":outh 12° feet., will the 3inc of a re fence to 'in iron pi. fc;'dntn fence poet cornc:r; TAENCE South 70`-2D' 55i1.?? Icet, with the lir :. of wire fence to the point :I" and containini, 26.841 acre of land, more or F. J. Crenshaw, P.E. PcGistercd Public St:rvc r:o. 2065 EXHIBIT PAGE Ge • DATE a, S.s� — ,�rc� tract of land situated in tha William Barker Su 3.16 acres ar n Abstract No. 107, Williamson •unty, Texas, and in Abstract No: 109, Travis County, Texas, and also being a part o 152.5 -acre tract of land conveyed by deed to B. W. Glenn as record 289, Page 255, Deed Records of Williamson County, Texas, and being described as follows: 9EGINNING at an iron pin set in the East line of said Glenn 152.5 - the N.E. corner hereof; said corner being S 29 47' W, 149.85 feet 915.64 feet and S 29 57' W, 1256.45 feet from concrete monument f South line of County Road No. 170 marking the N.E. corner of said tract; THENCE, S 29 57' W, to an iron pin set by Glenn L52.5 -acre tray THENCE, S 55 00' W, westerly S.E. corner corner hereof;' rvey, of which 2.19 acres are f that certain ed in Volume more particular acre tract, for ,,S 30° 00' W, ound in the Glenn 1 52.5 -acre 367.7.3 feet with said East line of Glenn 152.5 are tract corner post marking the most easterly S.E. cornet of said t, for the most easterly S.E. corner hereof; 20.03 feet to an iron in set by corner post marking the most of said Glenn 152.5 - acre tract, for the most westerly S.E. THENCE, with South line of said Glenn 152.5 -acre tract, N 65 11' W, 277.37 :eet to an iron pin set and N 59 58' W, 291.70 feet, crossing the common county 1`\ne between Travis and Williamson Counties, to an iron pin set, for the S.W. cornet 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 J PAGE 1 ail NC a 5.19 ar tract of land, of which 0.0 'ere is situated in the Memucan Hunt S. ey, Abacr.ct No. 314. and 5.1 /acres are situated in the W111ian 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 follows; BEGINNING at an Iron pin sec 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 Bees. 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 50' 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. H 39' 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 pans iron pin marking the S. W. corner of existing 50 foot wide Ro.,d Easement, continuing a total distance of 410.40 feet to iron pin sec marking the vest 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 vide 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 Beese 5.35 sore tract; THENCE, S 30' 00' W. 410.0 feet to the Place of BEGINNING and contiinink 5.19 acres of land. EXHIBIT x PAGE 1 r _ ",FIELD NOTE DESCRIPTION OF 96.195 ACRES OF LAND. . BEING'96.495 ACRES OF LAND IN THE PRIOR A.:HOLDER SURVEYr.ABSTRACT.N0."297, '''IN''WILLIAJISON COUNTY, TEXAS. SAID TRACT BEING ALL OF THAT CERTAIN 79.11 . .ACRE TRACT OF LAND CONVEYED TO ERNEST N. JOHNSON. ET UX► RY DEED OF RECORD IN.VOLUME AT PAGE 775, DEED RECORDS OF. SAID COUNTY AND STATE. SAID TRACT ALSO BEING A PORTION OF THAT CERTAIN 20 ACRE TRACT OF LAND CONVEYED TO SAID ERNEST JOHNSON BY, DEED'OF RECORD IN VOLUME 391. AT PACE 628. DEED RECORDS OF SAID COUNTY AND STATE. SURVEYED.ON THE GROUND RY RALEIGH JAMES OCHOA. REGISTERED PUBLIC SURVEYOR' NO, 4226, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; EEGINNING at an iron pin found at the Southwest corner of said 79.11 acre'' tract, for the Southwest corner hereof; THENCE, continuino with the Westerly line hereof and of said 79.11 acre tract, the followinc four (4) courses and distances. 1). N 29dee 28' 26' W, 52.05 feet to ar, iron eirvfour,d, 2). N 02dec 30' 59' W. 370.75 feet to a point in a fence. 3). N Oldea 35' 38' W, 907.67 feet t'o a point in a fence, 4). N Oldea 55' 05' W, at 496.30 feet•'pass'an iron pin found, 693.99 feet to a point in the centerline of`Rrushw Creek, for the Northwest corner hereof; THENCE, Yeavinc said line and continuinc with said centerline. hems the Northerly line hereof,an'd of said 79.11 acre tract, the followinc six (6) 't courses and distances, • 1). N 46dec 37' 98' F. 193.17 feet to a point, 2). N 70dec 03' 00' F. 399.93 feet to a point, 3). N 57deo..59' 50' E. :516.39 feet to a.point.... 4). N 71dec'26' 08' 5.'151..66 •feet - .to •a point. 1. 5). N 69dec 29' 56' 5, 351.34 feet to a point. f 6). N 85dec 06' 30' E. 116.36 feet to a point for the Northeast. corner hereof and of said 79.11 acre tract: THENCE, leavinc said line and continuinc with the Easterly line hereof and of said 79.11 acre tract, the followinc six %(6) courses and distances, 1). S 15dec 33' 00' F, 89.88 feet to an iron pin set,. 2). S 58dec 11' 30' E. 99.15 feet to an iron pin found. 3). S 50dea 39' 00' E, 721.11 feet to an iron pin found, 9). S Oldec 55' 30' E. at 669.52 leave said 79.11 acre tract and enter said 20 acre tract, 1553,11 feet to an iron Pin found on the Northerly line of a 50, foot easement. of record in Volume 691. at Pace 770. DEED RECORDS of said county and state. 5). S 89dec 45' 00' W. 750.57 feet to an iron pin found at the Northwest corner of said easement, 6). S Oldec 06' 00' E. 19.59 feet to an iron Pin set at the Southwest corner of said easement, heir,o in the 'centerline of 0 public road, for the Southeast corner hereof; THENCE, leavinc said.line and continuinc with the Souther)w']ine hereof and of said 20 acre tract. S 89dec 50' 15' W. at 13.00 feet pass an irnr, pin found. at 589.97 feet as the common corner of said 70 acre tract and said 79.11 acre tract, 1965,99 feet to the TRUE POINT OF BEGINNING and cor,tainir,c within said boundaries, 96.495 acres of land. EXHIBIT "A" EXHIBITL PAGE 1 • 11 • f .i . , • ' " • FIELDNOTE OF 96.395 ACRES OF LAND. .• • BEING•96.39 ACRES OF LAND IN THE PRIOR A. HOLDER SURVEY, ABSTRACTN0.•297,::' IN'WILLIAMSON COUNTY TEXAS, SAID TRACT BEING4PORTION OF THAT'GERTAIN;.''.: • 175'FtCRE TRACT CONVEYED TO JOHN BRUCE JOHNSON,Y DEED.. OF RECORD-,IN vOLUHE'391r AT PAGE 625, DEED RECORDS OF SAID COUNTY AND STATE, AND BEING A . PORTION OF THAT CERTAIN 053.016 ACRE TRACT OF LAND DESCRIBED IN A DEED OF • RECORD IN VOLUME 6917 AT PAGE 769. DEED RECORDS OF.SAID COUNTY AND STATE. •AND'ALSO BEING ALL OF THAT CERTAIN 7.602 ACRETRAGT,OF LAND•GONVEYED TO,. SAID JOHNSON BY DEED. OF RECORD TN VOLUME 691r:AT PAGE 773r DEED RECORDS . OF stark COUNTY AND STATE. S,URVEYED ON THE GROUND BY. JAMES OGHOAr REGISTERED PUBLIC SURVEYOR ND. ;4226. AND PEING'JSORE,'PARTICULARLYA)ESCRIBED AS FOLLOWS: • . • - . BEGINNING at an iron pin found markina the Southeast corner of.,,said 175 ' acre tract, for the Southeast corner hereOfi • THENCE. continuinc with the Souther1y linehereofand'of.said 175 'acCe tract, the following three (3) courses and diatances 1).' N 89dea 56' 35' H. at 431.99.feet pass the Southeast corner of said 153.016 acre tract; same beina'the Sootihe corner of's 50 foot, easement of record in Volume 691, at paae 770) DEED RECORDS of said county and stater 717.99 feet to an iron Pin found," 2). S 89dea 55' 30' WI with the'Southerly line of said easement', at 656.12 feet pass the Southeast corner of said 2.602 acre tract. 745.74 feet to an iron in fo6nd, 3). S 89dec 97' .41' H, 751.34 feet to an iron rin set in the center of a public road for the Southwest cOrner.hereof and said easement . and said 2.602 acriOraCt: • ' THENCE, leavinc said line and'continuinc with the Westerly line he the.followina six (6) courses and distances, - 1). N ((Idea 06' 00' W. 19159 feet to an iron rin found at the Northwest corner of said easement, sane heina rn all corner of-,said 2.602 acres, . . . 2). N 89dea 95' 00' Er 250.57 feet to an iron Pin found et another I ell corner of said 2.602 acre :tract, 3). N Oldea 55' 30' Wr leavinesaid easemeritr at 883.59 feet .ass the Northwest corner of said 2.602 acre tract, same being an ell corner of a' certain 79.11 acre tract conveyed to Ernest N. Johnson, et ux, by deed, of record in Volume 691, at pace 775. DEED RECORDS of said county and stater .. continuinc with the Easterly line of said 79.11 acre tract. 1553.11 feet to an iron Pin 'found) 4). N:50dec 39' 00' Wr 721.41*feet to' an iron pin found, ' 5). N 58dec 11'. 30' W. 99.15 •'eet to an iron pin set, 6). N 15dec 33' 00' H. 89.88 feet to P point in the centerline of 8rushw Creek,'for the' Northwest corner hereof. 'same beina the Northeast corner of said 79.11 acre tract, said point beina in the North line of said 153.016 acre tract and said 175 acre tract. • THENCE. leavinc said fine and continuinc with said centerline and the ; Northerly line hereof and of'said 153.016 acre tract and said 175 .acre tp the following seven (7)courses and distances. • 4. 1). N 85dea 06' 30' EP 83.61 feet to a•roint, . 2). N 82dea 48' 30' Er 303:00 feet to a point,. ' 3). N iidea 33' 45• Er 25719 feet to a Point, ' 4). N 42dea 27' OS' Fr 383' feet to a.'pointr 5). N 56dec 21' 15' E, 111.51 feet to a point, 6). N 63de6 52' 25' F, 177.81 feet to a point, 7). N 53dec 55' SO' .E. 330.92 feet to a,point. for the Northeast corner hereof and of said 153.036 acre tract and said 175 acre tract; THENCE, leaving said )in and continuina with the Easterly line hereof and of:said 153.016 acre tract and said 175 acritract., the .followina eight (8) courses and distanc&s. • 15. S 12dec 2a. 40' F. 755.85 feet to an iron in found. 2). S Oldec 57' 33' FP 900.15 feet to an iron pin found, 3). S 83dec 31' 44' EP leavinc said 153.016 acre tractr 130384 'feet to an iron Pin found, 4). 8 02deg 16' 17' F. with a fencer 319.66 feet to a i.ointr 5). S gOdea 18' 13' E. 611.30 feet to a point. 6). s 00dea 19' 29* F. 433.41 feet to P point. 7). S ()Idea 11' 37' Er 381.12 feet to r 8). S Oldes 30' 36' Et 219.32 FEET TO THE TRUE POINT OF BEGINNING • and containing within said boundaries, 96.395 acres of larid. . ' • DCHISIT "A" -40.10f4 6-- PAGE • STATE OF TEXAS I r liki,) !Arms FUR 1• ; :.:; ." �. /li is �il� l5? "ro: 1114r' =614 ` BEING 5.29 acres of land, situated in the Saviuel.Jenkins Survey, Abstract No. 347, in Williamson County, Texas. Said land being • 1 11 that same land, called 5.16 acre°, as conveyed to Slavonic , i i .Benevolent Order of the State of Texas (SPJST) by. Trustee's Deed of record in Volume 854. -Page 620 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of June, 1982. ' under the supervision of R: T. Registered • Surveyor, and being more particularly described at an iron pin tract, found for marking hecorner corner hereof of t above THENCE, S 39' 26''W, 672.20 feet to an iron pin found marking the ' , S.W. corner of the 'said 5.7.6 acre tract, for the S. W. corner hereof; 2.9 Z • THENCE. N 31' 01' W, 421.40 feet to an iron pin found for a westerly corner of the said 5.16 acre tract for a westerly corner. hereof; Long THENCE, 1 41 .41'a E , cur've 114.90 (Radius...'198.32 heath N 1' , iron pin found; Zrl4 THENCE, N 15' 10' W. at 24.96 feet pasa'an,iron pin found a total of distance of 33. feet, in Gattis iron corner l of said e of County 5.16 No . ( • the said 5.116 actcr tract tract and the N.W. corner hereof; Z�jj • T along the s aid south line of 'County Roa�No. 168 (Cattle • School Road) as follows: N 74" 51' E 460.19 feet to an iron-Pin found, and 14 75' 38' E, 170.20 feet to an iron pin set for the N.E.;•corner hereof; 5 ,,t • • total • THENCE, S 114' 54' E, at 7.24 feet too pass thenplace ofiBEOINNINCfaadacontain- n. found. distance of 157.19 feet, in all, ing 5.29 acres of land. J Ip KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIANSON X 1. R. T. Magness, Jr.,sRegistered Public SurveYr, 4 on r e c if y der that the above-described tract the land o' gun/eyed 8 2., a d that said description is true and correct to the' best of my TO CERTIFY WHICH, WITNESS' my hand and seal at Georgetown, Williamson Texas, this the 9th day of. Hay'. 1982, A. D. T +�t County, f • ' .,4 l r..NS ' l0.. � r a 1Not. BAO�ss. •• ��.... .cc/ lh STATE OF TEXAS COUNTY OF WILLI r I hereby certify that this Instrument was Fl on, the dat€ and at the time stamped here by me; and was duly RECORDED, in•the Volume and Page County, Texas, as stampe e on s on DEC .19 1984 IC? COUNTY LERK WILLIAM N COUNTY, TEXAS f. p, .., d ' 773 et:eger t Bl33ell, lno. •T•- o COMIO;nNO IMO1N {I.. — .samosa -. f`} , • - = I. o. a 05 .;. • OCOAOITONN. TA TW.• " — O .F EXIIIBITL PAGE 3 Job No. S 7220 1 • i • • I • f. J:• • • VOL 1205 P►i,t 672 •EXHIBIT "A" PAGE 1 OP 2 PIELD NOTES FOR A 95.76 ACRE TRACT (TRACT I,) point hereof; 21Ce 6) • •529'11'40 "W, 641.35 feet to point hereof; Z'i't 7) 522'23'20 "E, 564.02 feet to an ell corner in the South line hereof; - 2. ^4 B) 500 "W, 259.20 feet to South line of said 'TRACT N0. 1" of 2'p THENCE along the fenced'South line of said "TRACT hereof, the following three (3) courses: 1) 588'42'W, 635,40 feet to an iron pin found at corner hereof; 1=W 2) 501'14'20 "W, 63.53 feet to an iron pin found, 3) N89'58'20'W, 743.90 feet to a one -inch square of said fence, being an angle point hereof; 'IFXIJIBiTL ' PAGE 4 FIELD NOTES describing a 95.76 acre tract or parcel of land out 0? - the Samuel; ";' •? Jenkins Survey. the Asa Thomas Survey, the C. E. Rowe Survey, the T: F, Rowe Survey. and the.William Barker Survey, situated In Williamson County•and'Tray.is • County, Texas, being a portion of the remainder•of that certain, 140.22alre ' ."TRACT. NO. 1' conveyed to William Dean Howe by deed recorded in•Volume:2819 ;• Page 5S3 of the - Deed Records of Travis:County, Texas, and a portion of'Galtis Country Section One, as shown on a Plat of Record in Cabinet'D, Slide 301.103, , • of the Plat Records of Williamson County, Texas, .also being a portion of tlat certain strip of and dedicated aY additional right -of -way lying North of Ad adjacent to Lot 12 of said subdivision, being'more "particularly described bj • •l`. . metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found. at a fence corner post, being the Southwest corner'of a 0.50 acre tract conveyed to•said William D. Howe by deed'' recorded in Volume 780, Page 275 of the Deed Records of Williamson County, Texas, and the Northwest corner of said "TRACT NO. 1" ;thence along, the• fenced '' . South line of said 0.50 acre, being the line of said "TRACT 'NO. 1' and the North line of said additional right -of -way, N89'36'10 "E, 480.45 feet to'an iron pin found at a fence post, being the most Northerly Northwest corner: and POINT ? • OF BEGINNING of the hereinafter described 95.76.acre (TRACT FIVE); .y�c(...• ,�? IHENCEgcontlnue along said fence line, being a line'hereof,'• N76'36'10"E, 0129'T7feet to an iron pin set, being the Northeast•corner hereof; Intl. THENCE departing said.fence line, in a Southerly'direction,'being the.East line .i; hereof, the following eight (8) courses: 1) 501'34'20 'W, 326.97 feet to an iron pin set. An the'curving West line of Lot.•"-.. 7 of said subdivision, being a Point of Curvature hereof; 2'tt. . •.•.i: 2) along the arc'of a curve to the :left having':elements of delta ■:32•'49'24',' radius • 209.86 feet, arc • 120.22•feet, tangent . 61.81 feet,"cbord bearing and chord • S01'34'W, 118.59 feet to an iron pin found, being the Southwest'corner• •!2. . • of said tot'7,•being an angle point hereof; -LTA, 3) 502'12'30'E,•'507.84'feet.to an iron pin sett a fence post, being the North':: limit of a fence,-being angle point hereof; .t:74- - 4) 509'19'W, 346.13 feet to an iron pin set at a fence post, being.an angle point hereof; 2.15 5) 529'33'30 "W, 907.31 feet to a 60 -0 nail set-at a fence post, being an angle an iron pin set'at a fence post, being•an angle an iron pin found at a,fence corner post, being of said "TRACT•N0. 1 ", being an angle'point • an iron pin found being an ell orner•in the , being the most Easter.ly,South'east corner here- N0. l ", being the South line a fence post,'being `an'ell being an angle point: hereof;' Zak` • - bolt found at the'West limit2gi,.'' THENCE along an East line of said 'TRACT NO. 1 ", being an Edit line hereof, 518'43'E, 777.65 feet to an iron pin set in the North margin of•Meister :lane, • being the most Southerly corner hereof, said point bears N18'43'W, 45.69 feet from an iron pin found in the centerline of said paved road, marking the'most ,: Southerly corner of said 'TRACT NO. 1 "; 2 gs J THENCE along the North margin of said Meister Lane, being a South line hereof, N60'28'10'W, 292.57 feet to an iron,pin set in the East.right -of -way line of that certain M. K. L T. Railroad right -of -way, being the Southwest corner here- of, said point bears N21'26•35 "W, 48.32 feet from a nail found in said paved road. marking the Southwest corner of said "TRACT N0. 1 "; 4 , • -"Xvc • ' • :;;:. , • N .7 I- EXHIBIT "A" CONTINUED PAGE 2 OF 2 FIELD NOTES FOR A,95.76 ACRE TRACT • (TRACT I) • . • Date . . . • • ".. THENCE along said East right-of-way line, being a West line hereof N2126'3 "W 1373.42 feet to an iron pin set, being an angle point hereof;z6,...... THENCE along the fenced ,West line of said 'TRACT NO. 1, being the West line „ - • - hereof, the following four (4) courses: ..,:., • . 1) N59'0020E, 363.78 feet to an. iron pin found at a fence post, being an .- angle- point hereof; 24 . . 2) N82 1873.17 feet to,an iron pin found at a fence post being an ' ' angle point hereof; Zda- 3) •589 518.68 feet to an iron pin found at a fence post, being an ell.'' :,.. corner hereof; t,C.: ' 4) N00'15'10"E, 852.41 feet'to an iron pin set, being the most Westerly'South- , west corner of Lot 14 of said subdivision, being the most Westerly Northwest • corner hereof; 26,4 . ' • THENCE along the Southwest line of said Lot14, 55441'E, 343.50 feet'to.an iron • pin set in the North right-of-way line of Williamson Drive, being an angle•point hereof; z,C..5 THENCE along the North right-of-way line of said Williamson'prive, being the South line of said Lot 14 and'Lot 13 of said subdivision, the following two (2) courses: .7., 1) N5853'(, 140.00 feet to an iron pin sei„being a of Curvature in the • South line of said Lot 13, being a Point of.Curiiture hereof; 2) along the arc of a curve to the right hiving .elements of delta 2519'44", radius . 222.17 feet arc . 98 21 f t t ;.• . 9 ent 992 feet„chord bearing and chord . N7133'E, 97.42 feet to an iron pin'set, being the.common front corner_lc.r of said Lot 13 and said Lot 12, being a Point.of Tangency:and an angle point ' hereof; 1 THENCE along the division line between said Lots.13 and 12, NO2'38'W, 239.39 feet pass the common rear lot corner of said Lots 13 and 12, and continue a dis- tance of 10.00 feet, in all being .a total distance of 249.39 feet to'the POINT- OF 8EG1NHING of the herein described tract of land containing 95.76 acres.of land more or less. 1 I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes and'attached plat accurately represent the.results of en on-the- ground survey made under my direction and supervision on the 4th day of January, 1984. All corners located are as shown. There' are no encroachments, .conflicts or protrusions apparent on the ground except as shown. HAYNIE & KALLMAN, INC. Registered Public Surveyor No.-2380 1— 4---- 84 - EXIiIBITL PAGE 5 voL 1205 PAGE 673 „. • " . : or 9: • .U.40, • a ..t:. . • • . • • • • t. t . t: I • . • , V811205 Pia 674 EXHIBIT "B" PAGE 1 OF 1 i 11 • FIELD NOTES FORA 0.203 ACRE TRACT ,•' • • , (TRACT II) . • ,• . 1 •.1. , FIELD NOTES describing a 0.203 •Cre tract or parcel of •land out of the U.N. •:.••.i..::::, • • •;, ' ! Barker Survey, •itunted in Travis County, Texas., being .14' por_tiPR01.....the - •: ..,;.- .. remainder of that certain 140.22 acre "TRACT No. ,.1" conveyed to .1•11.1114 •Tle•n • ,."•'.'„ : : ■ '• 'love by deed recorded ii•Volume 2839, Psge"333, of the' Deed Records'orsaid ' ...; County, being a strip of land 30.43 feet north.ofyand adjsicent. to ' ''• ''' se I hounds a• follows: the centerline of Meister 'Lane, being nore particularly described by reter-and • -. • • • ;.! . •• . . -... .%-• • BEGINNING at a 60-0 nail found in the centerline of said Meister Lane,.:being the -.'";":• ''', i . roost southerly' southwest corner of said "TRACT NO. 1",• being the sou '.•••••.` . ,' i • . = • : corner and POINT OP BEGINNING of the hereinafter described 0.203 acre-(TRACT ''..f.',.:. SIX); 2.15 ''... • - ,•. • . • • • • I; , • . • • . THENCE along a west line of said "TRACT '40.17, being the west line hereof, • .:. .. • ',: N2126'35W, 48.32 feet to an iron pin set in thenorth margin of said:Meister . .. ,..'''-"''',1 .•!._ ' ' 'Lone, being the northwest corner hereof; "24,..; ' .... ': • :'..,,;••••:• • •• .;%"•,,.,'', THENCE along said north margin, being the north line hereof, s60'28'.10"ii.:292.57 :... s • . . , • '• •• feet to an iron pin- set- in an east line of. said . ..TRACT . NO. 1, ; being the h • ` 42: l'• northeast corner ereof; -z S ..• ! .. • THENC7 along an east line of -said TRACT N0. being the east line;hereof, • 518 45.69 feet to an iron pin found in said: cintetline, being . !., . southerly corner of said TRACT NO. I', being the'sotitheaat 'cornet hereciss • - •• -S • ; ., • ' THENCE along said•centerline, being the most southirly 'line of maid 'TRACT NO. ...:..'-:!;;•-•• • ' • • . 1, being the south line hereof, N 60 28'10N,.289..12 feet to the' POINT OP . BEGINNING of the herein described tract-of land containing 0.203 acre'or81349. ' . squere feet to land, more or less. Timothy E. Ileynie, a REGISTERED PUBLIC SURVEYOR, do hereby - certify • that:sthese-„. -f !rid notes •and attached •plat'.•ccurately represent :the •u1ts•;of on survey mode under •sy direction and.aupervision on the • 1 ' day of 1904. • All ' corner', located are as shown.. There are no. - encroachments, conflict/I or protrusions apparent on the ground except •s•.shown. ' HAYNIE & KALLHAN, INC. ' • -.. . dr" _ .... • Timothy ..Haynie, 1UP S. . • • • • . • EXHIBITL PA BE 6 . ..•• .• •• • • • n''Z...e.'.`'.'"e4;:K.Y.44:313iY..14 .t4 • i • THENCE along the West line hereof, N01'26'30 "E', 26.01'feet to an iron pin found' in the original South margin of Gattis School Road' (County Road No. 168), being ,% " the Northwest corner of said 0.50 acre, being :the'Northwest corner hereof; 2$ Y• • THENCE along said South margin, being the North - line of said. 0.50 acre, being • • the North line hereof, the following two (2)courses: , ;' ' 1) H89 "44'E - .• 478.64 feet to an iron,pin set, being an angle {point 27.• ,;r' • hereof; . ,. 2) N75 "E , 182.31 feet to an.iron - pin "set, the Northeast• .?ie:0 • corner hereof; • . .; I. THENCE departin said South margin, in a Southerly direction, being the East line h ereof, S1 34'20 "W, 29.53 feet to an iron;-pin set in the fenced.South ' line of said 0.50 acre,.beinga North line of said "TRACT NO. 1 ", being the 1, ' • Southeast corner hereof; z-s ° THENCE along the-fenced South line of said 0.50 acre, being the, North line of said "TRACT NO. 1 ", being the South line hereof, the following two (2) courses:, .. 1) S76'36'10 "W, 179.29 feet to an iron pin found at a fence post, being an ' angle point hereof; 1..c..9 , 2) 589'36'10 "W, 480.45 feet to the POINT OF BEGINNING of the herein described - tract of land containing 0.390 acre or 16979 square feet•of•land more or 4 less. i_rl I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes and attached plat accurately represent the results of anon -the- • ground survey made under my direction and supervision on the 4th day of January, 1984: All corners located are as shown. There'are no encroachments;'•conflicts• or protrusions apparent on the ground except as shown. HAYNIE 6 KALLMAN, INC. / EXHIBIT "C" PAGE 1 OF 1 FIELD NOTES FOR A 0,990 TRACT , • (TRACT ,III) . • FIELD NOTES describing a 0.390 acre tract or-parcel of and out of the Samuel• Jenkins Survey, situated in Williamson County, Texas,' being a portion of that • • certain 0.50 acre tract conveyed to'William D. Howe by deed recorded_1n Volume 780, Page 275 of the Deed Records of said County, being more particularly described by metes and bounds as follows: •- BEGINNING at an iron pin found at a fence corner post, being the Northwest cor- ner of a 140,22 acre tract conveyed to Said William D. Howe by deed recorded in "• Volume 2839, Page 533 of the Deed Records of.Travis County, Texas, being the • Southwest corner of said 0.50 acre, being the Southwest'corner and POINT 9F BEGINNING of the hereinafter described 0.390 acre (TRACT THREE);' -43 % Timothy. T_ Haynie, rn Registered Public Surveyor No. 2380„ Date - -; ' EXHIBITL PAGE 7 vor. 1205 PAGE 675 - • kky • '-..," :.- ''-,:.: . FIELD NOTES describing a 2.999.acre tract or parcel of land out of the Jenkins Survey, 'situated in Williamson County„Texas, being all of-Lotr13 and 14, Gattis Country Section One, as on a Plat.of Record in Cabinet;D, Slide 301-303 of the Plat-Records of said County and a of that Certain?strip of land dedicated at.additional right-of-way lying North of and adjacentto said Lots 13 and 14, being more particularly described by metes and bounds,-afol- lows: . • ,. . . • . . .BEGINNING at an iron pin found at a fence corner post, being the Southwest Cor- ner of a 0.50 acre tract conveyed to William O. Howe bydeed recordedln-VOlome 180, Page 275 of the Deed'Records of;Williamson County, Texas, ancithe Northwest. % corner of a140.22 acre -"TRACT NO. 1" conveyed to said William D. Howe.by deed recorded in Volume 2839, Page 533 of the Deed Records of Travis County,:Texas,., % . . also being the Northwest corner of said additional right-of-way, being.the. Northwest corner and POINT OF BEGINNING of the hereinafter described 2.999 acre . : (TRACT FOUR); . . . . . . • -.. • • ...... .. . , . THENCE along the fenced South line of said .0.50 acre, being a North line f said .. :. .'. *TRACT NO, 1",.being the North line hereof, 6936'10"E,..480:45 feet:.t iron pin found at a fence post, being the Northeast'corner hereof4' , *.'!.: . • . 4 :,.:3-ill,c. THENCE departing said fence line, in a' Southerly:directiodrbeing . thejist line . ., . . . hereof, 502'38'E, 10.00.feet pass the common of - said Lpt13 and Lot 12 of said subdivision, .and continue a distance of 239.39 feet,ln'all being'1. a total distance of 249.39 feet to an iron pin-'set in the curving North right- . ,....:-. of-way line of Williamson Drive, being the comon lot corner of said Lots''.'!. ;1:::: , 13 and 12, being the Southeast corner hereof; THENCE along said North rlglit-of-way line, being..the South line ofsiiAots • and 14, being the South line hereof, the following"two (2) courses: ?''', '. • 1) along the arc of a curve to the left having elements of delta ..25%9'44, .. '.'• :''' radius • 222.17.feet, arc • 98.21 feet, tangent - feet, chord beiring-andL:2 • • .. - chord • 57133'W, 97.42 feet to an iron pin set, being,a Point of Tangency-Ilerev -.. • • . of; . • .• 2) 558'53'W, 140.00 feet to an iron pin set, being the Southwes.corner%.of said •,.-' ' Lot 14, being the Southwest corner hereof; ' • . .... • . THENCE along the West line of said Lot 14, being the West line '',.....' - . . lowing two (2) courses: . .'.' ..... ., . 1) N54'41'W, 343.50 feet to an iron.pin set in the fenced West line of:said ., ...... , . . . . , . ,"TRACT NO. l' being an angle polnt hereof; ''::. • , :,1....: !......: 2) . :100'15 1 10"W, 135.38 feet pass the Northwest corner of said Lot 14, and con Untie a distance of 15.00 feet, in all being a total distance of150.313 feet to- , •:- the POINT OF BEGINNING of the herein described tract of land containing 2.999 acres of land more or less. . '...;.::, i. t • I, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these,4: .. . • . field notes and attached plat accurately represent'the results of An on-the- ofJanua rund survey made under my direction and supervision on the 4th .v, • encroachments, o9r84p;ot% . . I s4 i r i e e as shown. are codflic s :.. . . HAYNIE 6, KALLHAN, INC. vat 1205 pm 676 . • ' . • ... • EXHIBIT "0" ' • PAGE 1 OP 1 1,, • FIELD NOTES FOR A 2.999 ACRE TRACT • ' (TRACT . • , , .•• timothy E..Haynie, .Registered Public Surveyor No, 2380 • • • • . , ..1 we-x.n , .. : . . • ‘7` . (4 • ' . , ( : - .. t 'r . ----■- •:"-Th ' • ' ' ' . , EXHIBIT L PAGE 8 • ' • • ... • ;•• ,: • • • '; ; :; -;'-',,i',. :.%..-::.!-,1•• '''..,' ..k. Q ExH1BIT:A j•, • Q VOL 1203 PAGE 401 . • FIELD NOTES describing a 34,810 acre tract or parcel of land out of'the Samuel "'•.\ Jenkins Survey and the T. F: Rowe Survey, situated in Williamson County 'and Tra- vis County, Texas, being a portion of the remainder of that certain 140.22 acre' "TRACT NO. 1" conveyed to William Dean Howe.'byrdeed recorded in Volume 2839,.: Page 533 of the Deed Records of Travis County,•Texas, and a portion of Gattis Country Section. One, as shown on a Plat of Record in Cabinet D, Slide'301 -303 of the Plat.Records of Williamson County, Texas, also'being-a portion of that'cer- taro strip of land dedicated as,additional right -of -way lying North of and adja- cent to Lot 12 of said subdivision, being nore particularly described"by•metes - and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found at a fence corner'post being the Southwest corner of a 0.50 acre tract conveyed`to said William D.-Howe by'deed recorded in Volume 780, Page 275'of the Deed• Records 'of -. Texas, and the Northwest corner of said "TRACT'NO. 1 "•; thence along•Ahe .fenced. South 'line of said 0.50 acre, being the North line of ."TRACT N0: 1" and the north line of said additional right -of -way N89'36'10 "E, 480.45 feet. 'and N76'36'10 "E, 179.29 feet•to an iron pin set,:being the.nnsttWesterly :Northwest "corner and POINT OF BEGINNING of the hereinafter described acre (TRACT TNO) • THENC _ ontinue along said fence line; being , a North'line hereof; N76'36'10"(,',. 124.31.feet to an iron rebar found at a fence'''post,'being an angle' point here -'' of: ' 2IAL THENCE departing said fence line, in a Northerly direction, being a North line• of said "TRACT NO. 1 ", North 32.16 feet to:an;'iron'pin set in a North line of said 0.50 acre, being the original South margin of Gattis School Road Road No. 168), being an angle point hereof ; Z THENCE along said South margin, in an Easterly direction, being a•North line hereof, U75 21'10 "E, 161.57 feet to an iron pin found, being the Northwest cor- ner of a 5.29 acre tract conveyed' to Marvin Freeman and wife'Maurine•V. Freeman by deed recorded in Volume 880, Page 943 of the Deed Records of W111iemson ' County, Texas, being the Northeast corner hereof; \, • THENCE departing said South margin, being the West line -of said 5.29 acres,. - being the Northeast line hereof, the following_three (3)'courses: .. . 1) 515•06'45 "E, 8.84 feet pass an iron pin found, and-continue a of 24.96 feet, in all being 'a total distance.of'33.80 feet to an iron pin found;' being a Point of Curvature hereof; 29k "' • • 2) along the arc of a curve to the right having elements of delta r. 33'42'' radius 198.19 feet, arc = 116.57 feet, tangent = 60.03 feet, chord bearing and chord = 501'44'15 "W, 114.90 feet to an iron pin found, being a Point of Tangency hereof; 2 • • • 3) 530'58'30 "E, 421.41 feet to an iron pin found in the fenced East line of • " said "TRACT NO. 1 ", being the most Southerly °corner of said acres. being an angle point hereof; , s 1 • ; THENCE along the fenced East line of said "TRACT NO. 1 ",'bei g the East line • hereof, the following-six (6) courses: `:; ,','' 1) 539'26'W, 209.98 feet to an iron pin found, being ah angle point hereof; Z9 9 2) 560'15'35 "W, 799.98 feet to an iron pin found, being an ell corner hereof; z9 3) N89'47'Wi 300.04 feet to an iron pin set; :being an ell corner hereof; 3eo '• 4) 509'33'20 "W, 565.09 feet to an iron pin found at a fence post,`being an angle point hereof; Sot ' 5) 511'32'20 "E, 444.89 feet to an iron pin found at a fence post,' being an angle point hereof;302• 6) ' 500'13'35 "W, 806.95 feet to an iron pin set at a fence corner post, being ' the Southeast corner hereof; 303 THENCE along the fenced South line of said "TRACT NO. 1 ", being the'South line' hereof, N89 41'W,•649.71 feet to an iron pin.found at a fence post ;'being'the Southwest corner hereof;.. ' Z, . :EXHIBITL PACE .9 / ••=e :;•• 111EliCE along the fenced West line hereof, the following four (4) courses: .. \. - 1 1) 11222320W, 564.02 feet to an iron pin set at a fence post, point hereof; 1 = • 2) -N2917'40E, 641.35 fe to a 60-0 nail 'set- at a fence post, being 'an•'aitgle point hereof; 3) II293330E, 907.33 feet td an iron pin'set at a fence post, being an angle point hereof; --L. 4) 110919'E, 346.13 feet to an iron pin set at a fence post, beilighlie North I 'mit of said fence, being an angle point hereof ;:- 2 ;14 .. • •::: • ' 111EIICE continue in-a Northerly direction, being a West 507.84 feet to an iron p in Jound, being the Southwest corner of Loti.17 of said - • subdivision, being an angle point: hereof; 2.. .. c . , . ''',..'` • • ,-,. . :•'. .. IIIENCE• along the South : line of said Lot 706415'E, 262.86 feetA0a iii.'a .. stock:tank, being the'Southeast'corner.ofr,saikot'l,'being:an here- , of. 3 ' . n .:-,::::!`.-:: ' ' .., • '••••;: .:"..,z4.,,,• , ., ; :, . • • TilElICE along the East line of said Lot 7,.-:143248'41, 172:25 .fiet'Id'in iron •pin. 3° found, being the Northeast corner of said lot 4, being point hereof;'.. :- ''':-.-.:,' '''' ..4,ti; ..' • — THENCE along the West line of said Lul4, two:(2):courses: 1) 563010W, 40.13 feet to an iron-phqoppd,.being'a Point•of”Curvature' hereof; ".*'=".-•• .. • . ,!.i , f • : .,, .! , Z:10 4 •• : • .,,., 2) along the arc of a curve to the left hailpfelemen 'of, delta •F•450248*, radius • 209.86 feet, arc - 165.00 feet, taiigenr. 87.03'-feet;-cliord bearing and chord • S4030'30ii, 160.78 feet to an iron;:pin,set; beinva.PoinLf;ofrTangency'.„ hereof; -j • . ' . . ,...:..,%":,,;.. .',. , ‘..: • • , -!.. -" 11IENCE in a Northerly direction, being a liest line hereof, ii01'3420"E;%326.97.: .f. o the POINT OF BEGINNING of the herein described tract of .."' cres of land more or less. . L . n, s•i • ',.;,•••::?. • f • . • ,, • s • 7EXITIBI L FAti h 1U • „ . ' • • :1::44/401::;':;4,, • • 0 EXAM !v , EXHIBITL PAGE '11 . . -• . . " • ; „- ' • • • ' • :'• ,• • • • a , • ' VOL 1203 PAGE • ' •••-', ....,44,:..:r•- '•'.4-..., ,':-.. FIELD NOTES describing a n.0116 acre tract or parcel of land .ou0or , Jenkins Survey, situated inTAilliamsvn County. Texas; being'a'portionyof.,that, ' certain.0.50 acre tract conveyed to William 11.4lowe by,deed recordeOn.Volyme 780, Page 275 of the Deed Records of said County,.being.more particiA'arly: • . - - ,•',: ' . : • , described by'metes and.bounds asjollows: ' • BEGINNING FOR REFERENCE at an iron pin found at a-fence corner postOleing the Northwest corner of a .140.22 acre tract conveyed to said 0..-9lowe by .deed recorded in Volume 2839, Page 533 of the Deed.Reeords.oeTravis County;:lexas, being the Southwest cOrner said 0.50 acre;:thence'along•the of said 0,50 acre, being the liorth.line of laid 140.22 acres, the following two (2) courses: . . . 1) 1189'36'10"E, 480.45 feet; .; 2) 117636'10"E, 179.29 feet to an iron pin set, being the Southwest corner and POINT OF BEGINNING of the hereinafter described 0.085 acre (1RAC1 OHE);. ' . .• • _ THENCE departing said fence line, in a Hortherlydirection, being the West line .. hereof, N01°34'20"E , 29.53 feet toan iron pin set in the North line of said 0.513 tract, being tlTginal South margin of Gattis School Road'. .. (County Road Ho. 168), being the Northwest corner hereof.; . Y the "north line hereof, • 1175°19!40E • /124.16 feet to an irowpin.set in a - ..•.. . 11IEUCE along said South margin, being the Uorthline said 0.50xa.pre,. being ' 'North line of said 140:22-iMiT-HiiiiithellFilliast.corner hereof;V ., - • . ., •.- .6;,. THENCE along a North line of said 140.22 acresbeing...th'e East . linellereof, • ' South, 32.16 feet to an iron rebar found:a0tfence.post,))eing,alf:angle point in the North line of said 140.22 acres ancr:anngle point.inthe.Sokth'line of said acre, being the Southeast corner!hereof; ' ',.' • .' . : ' '''.: ' InENCE along the fenced South line of said:0.504cr being the North line of. .. • said 140.22 acres, being the South line liere076'36'10"14,.124.31 feet to the • POINT OF BEGINNING of the herein describeetract of land containing b„085 acre or' 3705 square feet of laidnnre or less. . _ • , . 1: „. FIELD NOTES dcecrlbing 0.78 ncrco of )nod out of and a part'of thee:Samuel; Jenkino Survey, situated in Willinn.Non County, Texas, Said tract••cfr`.land being more•particularly deaeribcd nu bell% portions of toot certn1040,27 ncre tract of land that vas conveyed to Itoy,Woytek by deed of••rcroid,;in _ Volume 742, Page 446.of the WSllinn C ty,.Texas Deed erect being more fully described by we ten'nndbounda as " '` • n a BEGINNING at a point•for the southeast corner of-the 0.78 Here froct herein described, and from which point the moat'easterly aoutheaxt corner Of caid 140.22 acre'tract bears .the following two (2) 1. 5 32 ° -48' E 273.97 feet; . 2. •17 39 - 26' E 871.83 fe'et; ' THENCE 5 64 15' W 262.87 feet. to a point for•the southwest•corne'r'of' the. 0.78 acre tract herein described; • THENCE with the northwest line of this eruct, along a curve to the:right whose radius is 210.02 feet, a sub -chord bears N 24 08' E a'dlatance of . 263.62 feet to a point at the end °f• nail. curve; THENCE continue with the north line of this ;tract N 63 ° 'O1' • E 1 D.14'.',feet to i point for the northeast corner of•thei 78 acre tract'lierciri d THENCE 5 48' E 172.0 feet to the plac o f.:BECINHINC' cont 0 ,78' 1 Y an acre of land. "'. - •''-:.' ._ .. ..�ai. � _,- EXHIBIT "Al EXHIBITL PAGE 12 ., .i .............: w3t_:_ r/ • . i _.. ..�— .. c . a\:rY91'+iL'.WL'..L:.,.i.,....� v�++ u+ hr.: 1' 1lthL. qL! L!! CS 4' t�i� � n �' •Tc.a.:ii:ww.l:'•i_ +i)Y1M� • BEING 126.68 ACRES OF :AND 7N THE SAHtJF1 SLIRVFY,' 7N WII.l7AMSON,'AN6.1 TRAVIS COUNTY, TEXAS, SAID SURVEY F:EUNC ABSTRACT NO.• 347 7N ;WTI•T7AMSONt'COUNTY'i AND ABSTRACT' N0. 990 7N TRAV7S'COLINTY, SAID TRACT RFXN_C : ,, OF PARCELS OF 1 AND KNOWN AS TRACT NO, 1 ANn TRACT NO. 2r• i a ; � TO WILLIAH DEAN 1-IOWE, AND SFMNC. OF RFCORO 7N VOI.IIMF 7R39r ' AT PACE' 533, DEED RECORDS OF SAIn TRAVIS COUNTY, TEXAS; F.URVFYFO ON: THE. GROIINO',RY RALEICH'.,;i JAMES OCHOAr REGISTFRF.O PLIRI]C SIIRVFYOR NO. 1726, AND RFINl:'MORF'PARTXCLILARI.YE! DESCRIBED AS FOLLOWS: •BEGINNING at an iror. Fin Fat in the centerline of Cattis Srhnnl'Rnad. 'for . the Northeast corner hereof and of said Trart Nn. 7i THENCE. continuinc with'the Faster)w linelherenf. S 00des 28' 00'-F, feet pass an' iron pin set on the Snutherlw rirht- of -waw Br of 'Said 3901.23 feet to are iron pin found for the'.Snutheast corner THENCE, leavinc said )inf. and rnntinuir.r.,:'with the Snuther)w line hereof, N 89dec 99' 55' W, 1829.77 feet tn. an irnr for the ' Southwest corner hereof: THENCE. leavinc said line and rnrrt .inuinr.;•witht•he'West•erins hereof. the followinc seven (7) courses and distances'.' • 1). N 00dec 13' 10' Fr 506.09 feet;__ ° -t :o :.n'iror..pin fnindr. _ 2). N l i dec 3 ?.' "95• W. 999.07 fret t: n.: Pn' rnn. Pi r, fns r,cl, 3).' N 09dea 02' `S' Fr 567.70 feot''•tn'ari' irbr. Fin • 9).- S 89dec 08' 90' Fr 309.95 feet.:tn an•irnn pin•foiindr.• 5). N 00des i5' 00' Fr 000.07 feet an iron Pin''fnund.' 6). N 39dvc 76' 75' Fr 551 .99 feet' t.O an i'rnr. Pin %found.. • • 7•). N 19dec 50' 00' W. at 157.38.,feet, Pars ar..iron p '• :,,fan the Southerlw richt- of -waw line of said,rnad. 150.•00'fPi!ti'ta ari'irnn Fin set in the centerline of said road fnr Northwpst••'rtirnerherOorl . THENCE, leavinc said line and rnntinuinr with the rpnter)irp,nf said road, Same beinc the Nnrther)w line hereof. the (7)''rourses and distances. . 1). N 75dec 05' 00' F,'300.00 fpot"'t.n an iron piri set... 2). S 78dec 32' 90' F. 699.97 feet to the TRLIF POINT OF RFCTNNINC and contair.inc within said houndarips i26.65 acres of )and. SAVE AND EXCEPT that certain 8.06 acres as set forth on Page 2 of this Exhibit '!A ". • EXHIBIT " t4 •" PAGE • / Of 'PAGE 1 at 77.00 Road, v on 107 PAG 63O • Field Notes describing<8.06 acresof'.land =out of'and a part.of ' the S muel Jenkins Survey, in :'and .Travis Counties,'Texas,. said (8.06 acre)tract being more particularly described (as- being'•a portion of those certain tracts of land.describ'ed ' as Tract'No.1 and No.2 in a deed to William Dean Howe, of record in 2839, 533 of the Travis County, Texas Deed•Records,.said :8.06 acrevtract - being more fully described by metes and boundpas follows;':.•. j • •.`' BEGINNING at a steel pin set in the south line' of'Gattis•school' Road for•the northeast corner of the 8.06 :acre tract herein:•described, said point being at the end of a curve', and•fron.,which point the.. .northeast corner of said Tract No.2 bears :' courses; 1. S 78' -34'E 548.23 feet; • 2. N 00: -28'W 30.66 feet; • THENCE leaving said'Gattis School Road and with an east line of • this survey S 05' - 37'W 2'435.15 feet to a steel pin set for the most' easterly southeast corner of the 8.06 acre tract herein described;' . THENCE S 86' -34'W 277.87 feet to a steel pin set for an 'interior described; ,THENCE S 0'3' -26'E 229.07 feet to'a steel pin set for the most southerly southeast corner of the 8.06 acre tract herein'described; . THENCE S 86' -34'W 200.00 feet to a steel .pi 'se•ta.f•or•the,most So southwest coiner of the 8.06 acre trot herein described; THENCE N 03 279.07 feet to a steel pin set for'anxiriterior ;corner -of the 8.06 acre tract herein described;• THENCE 86' -34'W 150.0 feet to a steel•pin set for a.4outhwes.t corner of the 8.06 acre tract herein described; THENCE N 44' -18'W 620.14 feet to a•steel pin set for.the most westerly southwest corner of the 8.06 acre tract herein described; • THENCE N 09' -34'E 153.28 feet• to a.steel pin•set for the most 'westerly northwest•corner of the 8.06 acre tract herein described; THENCE S 89 ° -45'E 323.79 feet to a steel pin' set for a corner of the 8.06 acre tract herein described; ' THENCE 5 00' -15'W 355.0 feet to a steel pin set fora "corner of the 8.06 acre tract herein described; THENCE with a. north line of this survey the following two (2) courses; ' "�;F•1:wS 63' -24'E 486.19 feet; • : 235.20 feet to a steel pin set for a corner of.the -- k0V$8706 acre tract herein described; - ."•- THENCE,N 05' -37'E 2395.56 feet to a.point in the curving south line of the above said Gattis School Road•for the most northerly •, '•.bo'rthwest corner of the 8.06 acre tract herein described; ' • • corner of•the_6.06 acre tract herein EXHIBIT ° ° ....l� nn PAGE a of ` THENCE with the curving south line of'said road, along ' curve.': to the right, whose Radius is 623.87 feet,.a sub -chord bears S 80' -52'E a distance of 50.09 feet to the place of BEGINNING containing 8.06 acres of land. EXHIBITL PAGE 14•- 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 oftheRDeed CRecordso Williamson County Texas, and t 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. 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; 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 cerlin 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 peed 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; N76° 28' 30"W, 61.39 feet to an iron pit) 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 are 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 fni,nd; 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,Tcxas, 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 EXHIBIT M PAGE 1 Steger E Bi33ell, inc. CONSULTING tNO,N[ERI - WRKTORE P. 0 BOX WI • GEORGETOWN. TO 7B5 • THENCE S 86 12' 30" 8, 309.46 feet to an iron pin found ar a fence corner marking the S.E. korner 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' 8, 862.48 feet to an iron pin found, S 85 48' 30" 8, at 270.00 feet pass the N.F.. 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 narl found, S 86° 06' E, at 283.36 feet pass the N.E. corner of the 6a1d 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 9 COUNTY OF WILLIAMSON X 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 show„ herebn, there are no apparent discrepancies, apparent conflicts, shortages in area, encroachments, improvements, overlapping of improvements, set -hack 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 Job No. S 2019 -20 Page 2 of 2 Regi ered Pu)lli Survey Sta£e o Texas KNOW ALL MEN BY THESE PRESENTS: o. 1433 Steger E B t.no. EXHIBIT M PAGE 2 CONSULTING CNO/•[rM — SLNIVEY01111 C. O. SOT ISM • OK%1ofTOW„ 56 TAM ..... 1 ., O F 4, R. T. Magness, Jr, t iR. R. • mAGNESS. JR. I I 1 q :, 1 433 g.( t�'g'��c.srt•��•'1�I * * * * * ** *USE LETTERHEAD OF ISSUING BANK * * * * * * ** City.of Round Rock • 214 East Main Round Rock, Texas 78664'•' Gentlemen: EXHIBIT N 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 WASTEWATER SERVICE AGREEMENT (REVISED) STATE OF TEXAS COUNTY OF WILLIAMSON THIS SED AGREEMENT is made and entered into on this /oC day of IM'l.L' , 1986, by and between the City of Round Rock, Tex ( "City ") and Round Rock Industrial Park, a Texas General P tnership, John Lloyd Development, MB Joint Venture, Charles D. Becker, Trustee, North University Business Park Joint Venture, James K. Eichleberger, Jr., DeDear Company, a Texas General Partnership, Glen C. Anderson, Trustee, Elmer Beese, Thomas Joel Davidson and wife, Louann Elizabeth Davidson, Pentad Joint Venture, and Billy W. Glenn and wife, Janet C. Glenn, ( "Landowners "). Recitals 8'74 WHEREAS, most of the foregoing Landowners and others not now named previously entered in a Wastewater Agreement effective the 9th day of July, 1985, and WHEREAS, some of the participants in the previous Agreement are no longer able to contribute to the financing of the project described below, and WHEREAS, the above -named Landowners own property in an area generally southeast of the City's limits, said area hereinafter designated as the "Study Area ", and said properties being shown on Exhibit "A" attached hereto, and WHEREAS, the Study Area does not presently have access to any municipal wastewater service, and WHEREAS, Kallman, Inc. have access consisting of Haynie & Kallman, Inc. estimate that the cost of said improvements is $1,000,277.90, and estimate that the completion will occur the spring of 1987, 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, and WHEREAS, Landowners now wish to enter into this Revised Agreement to supercede and replace the previous Agreement, Now Therefore, It is Agreed That: WHEREAS, constructing JWSTAGRT a study performed by the engineering firm of Haynie & has determined that in order for the Study Area to to City's wastewater system, certain improvements a major wastewater line must be constructed, and I. Landowners own the number of acres within the Study Area as indicated below: NAME NUMBER OF ACRES 1. Round Rock Industrial Park 142.91 MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" 2. John Lloyd Development 3. MB Joint Venture 4. Charles D. Becker, Trustee 5. North University Business Park Joint Venture 6. James K. Eichleberger, Jr. 7. DeDear Company 8. Glen C. Anderson, Trustee 9. Elmer Beese 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 5.19 11. Pentad Joint Venture 460.00 12. Billy W. Glenn and wife, Janet C. Glenn 83.646 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: NAME LUE's 1. Round Rock Industrial Park 715 2. John Lloyd Development 550 3. MB Joint Venture 925 4. Charles D. Becker, Trustee 251 5. North University Business Park Joint Venture 450 6. James K. Eichleberger, Jr. 500 7. DeDear Company 200 8. Glen C. Anderson, Trustee 275 9. Elmer Beese 25 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 25 11. Pentad Joint Venture 330 12. Billy W. Glenn and wife, Janet C. Glenn 100 2. 117.50 196.97 41.9487 100.00 100.09 59.178 26.841 5.35 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 engineering fees and two and one -half percent (2.5 %) for unforeseen contingencies is $1,000,277.90. 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 $1,010,277.90. 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. The City agrees to undertake and be responsible for the administration of the project, including but not necessarily limited to, the bid process, contract award, periodic inspection, review and payment of draw requests, review and approval of charge orders, and final acceptance of improvements. The administration of the project shall be done in accordance with the City's standard practices regarding Capital Improvement Program projects. 3. IV. Each Landowner agrees to pay their share of the total project cost as estimated in Appendix I, which amount is equal to certain 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 "N ". 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 the account set forth pursuant to Section V hereof, shall be 4. 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 $75.00 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 circumstances beyond the control of the City and which are not 5. 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. The Landowners who executed the previous agreement and the City agree that this Revised Agreement and the City agree that this Revised Agreement replaces and supercedes the previous agreement in all respects, and each agrees to release the other parties of all obligations and responsibilities contained within the previous agreement. xIII. Special Provisions The parties hereto agree that Billy W. Glenn and wife, Janet C. Glenn, or their successors or assigns in title to the property described in Exhibit "M ", shall have the option for ninety (90) days from the effective date of this contract to purchase up to four hundred (400) additional LUE's. The cost of the additional LUE's will be calculated on a pro rata basis for the total number of LUE's provided for in accordance with the formula contained in Exhibit "0" attached hereto. XIII. 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. 6. 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, provided however, if one or more of the named parties fail to execute it, the City and other parties shall have the option of assuming the financial obligations of all non - signing parties and in that event the Contract shall be effective regardless of the failure to execute. If one or more parties fail to execute and no one agrees to assume the non - signing party's financial obligation then the letters of credit shall immediately be returned by the City to the party depositing same. ATTEST: E l // / 11 FALL/ al r anne Land, pity Secretary CITY OF ROUND ROCK By: Mike Robinson, Mayor (date) LANDOWNE' =: By: Bv: 1. ROUN ROCK INDUSTRIAL PARK eAx (0/1( ig(a 2. JOHN YD By \ \ UU \\ (( // (date) 3. MB JOINT VENTURE 7. (date) (date) 4 5. NORTH UNIVERSITY BUSINESS PARK JOINT NTURE / , i 6. ✓ /��GiL / JAMES K. EICHLEBERGE 7. DeDEAR COMPANY 8 10 By: BECKER, Trustee G N C. ANDERSON, Trustee 9. L ( 5S%% �� Q �iYHJPit/ THOMAS JOEL DAVIDSON ELMER B ESE // • ANN ELIZABETH VIDSON 11. PENTAD JOINT VENTURE 12. By: d iO 0'4 Bill Kitts, Managing Partner BILLY W. LE N ET C. GLENN 8. 444 d e) (date) (date) 11 1(p (at) (date) Lei (date -9'6 (date) (date) /D�� (date) APPENDIX I. (Wastewater Project) Landowners pro rata share of the total project cost. Landowner Pro rata share 1. Round Rock Industrial Park $ 163,842.90 2. John Lloyd Development 119,493.00 3. MB Joint Venture 200,965.50 4. Charles D. Becker, Trustee - 0 - * 5. North University Business Park Joint Venture 156,007.00 6. James K. Eichleberger, Jr. 108,630.00 7. DeDear Company 57,471.20 8. Glen C. Anderson, Trustee 59,746.50 9. Elmer Beese 5,431.50 10. Thomas Joel Davidson and wife, Louann Elizabeth Davidson 5,431.50 11. Pentad Joint Venture 71,695.80 12. Billy W. Glenn and wife, Janet C. Glenn 21,726.00 13. Funds paid by previous participants 39,837.00 Total Estimated Project Cost 1,010,277.90 * Charles D. Becker, Trustee has previously paid for an on -site wastewater line at a cost of approximately $107,000.00 for which credit has been given for his pro -rata share of the project and his participation in this Agreement. *Windy Park SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS Formula Used for Determining Cost Per LUE Water Improvements (Total Cost - Total Onsite) = Cost /LUE Total LUE Wastewater Improvements (Total Cost - Total Onsite) = Cost /LUE (Total LUE - 251 *) .'+`'"'c.• ".. , • , •'c r:': , •t laud :.i tunt ed 'in the Memucan Hunt Survey, Abst rnt•t 314 nrid t!n•'W •,;kor S:,recv, Abstract 1: tiff and sa>Wt ; ! )07 in Wil]inuo County, �.• ..�rker Survey, Abstract NL,.. 109 in Travis C: unty, of which npprr:Amately 141.22 acre;: are situated in 01]. " aa : rVlnt y;' Te, :as`,' and 0 05 of an Are is situated in Travis County, Te,As; lid land being a portion of that certain tract of )and called 152.5 ores as •conveyed to E. W. Glenn by decd as recorded in Volume 490, Page'534 of the Deed Records of Williamson County., Texas, and a portion by of that certain tract of land called 44.0 acres as conveyed to 1'. W. Glenn 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: 8 EC1NNINC.at'an iror: pin found at a'fence corn or near the N.E. :;corner of chc Socrates Darling Survey, Abstract No. 876 in William5on County; Texas,'and an Interior corner of the said Hunt Survey in'It)te West line of said 1,52•.5 -acre Glenn tract.marking the S.E. corner f'safd 44.0 -acr e •Menn•t f'r'et Ir1rking•an interior corner hereof; 1HEl : S. 87 ° •20 " 36" ' „, 249.00 feet, with a fence on the South l Ino of Said ' -acr.: Glenn tract, to an iron pin found marking the S.: corner of "chat certain tract of 2,'d called 0.92 of an acre as conveyed to C• C.,Jacobson by deo•! as ror.ordrd in Volume 689, Page 44 eeords of 6 'Illiamsot' Coo „t v, Texas, b 9 er tLe• Weed .erne. hereof;': marking t most southerly S. h. :.CE N 14' 09' W ••..6,67 tee( to an iron pin found fir the Sout!, line ?f C:oo:rty Road' No. 170 marking the N.E. corner of said 0 .92 -acre .lacob- non' tract, rtPr the N.V. corner hereof; ::NCE, with the said South line of County Road No. 170, as fo]]r.::;: N 72° 27: E, 441.17 feet to an iron pin found; N 55 15' 1:, 297.91 feet to an iror. pin found; N 52 14' E, 123.22 feet to an iror, pin,found; N 62r. 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'. E;y138.44 feet to an iron pin found; 5 43' 30" 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 icon pin found; S 5] 5(.' 30" E, 174,8 ,feet to an iron pin Mound ;'and S 51",...5,0'.E, 261.69 feet to an iron pin found mark - ri ng the' N..6',' cor of r]:at certain tract of 'land called 5.0% cres as conveyed to T. Arnold by deed as recorded in Volume OS6, Page 241 of..the Deed Records of Williamson County, Texas, r.- irking the most 1 ..esterly N.E. corner hereof; 30 Oi =iW , 4 39.00 feet, with the West line of said 5.04 - ,,ire .tract to an iro r<r n pin found marking the S.W. Arnold tract ; r„arking corner of said 5.04_ .,:: interior corner hereof; .` '.S •S 9 97'- E,'wich the our line of said 5.0: -acne Arnold :ract, at e pass an iron pin found in West line of an exist ement and continuing for a total distance of 549.8 & 5C' foot feet, rn a]laide on pin set in the center of said ], t- ..011ne of that r,r; ;,t;. tract of land n c callalleed d 5e 5.15 ac in ;!Schwartz by r:ord , rrn,ded in V r r05 o onvr„ c � t urds of t•'f ] l : a• ;con of unc ?'rave 4 ; hr ..n „nty, Texas, r..arki•ng t the S.E. cornet r of nold S.Ot - „ ere :;ac; rarl•ing a northeasterly corner hereof; 5 ; 30 ° 11' t,', 109 47 foot. with the centerline of said 50-foot-wid sot for the S.W. ract, for ,:'r. :nr,: io: , corner of said 5.15 Acre nor ncr hereof; :i THEt:CE 5 59' 54'' 30" E, with the South line of said 5 .15 -acre Sch.•,trt d'ae(; at 25.00 feet j',,s;•, ar iron pin found in the East line of c :+ • = foot - wide road cast_t•n1, and continuing for a total distance of 57i..91 1, et - , in all, to an iron pin found rarki ng the S.E. corner of said 5.15 - %,c're'3chv:,rtz tract In :h :ar;t ct c East line of said 152.5 -acre Glenn tract. r.,r1.- he :;st. south: r)y N.E. corner ',oreof,; \PihI'r "A" t of Three EXHIBIT B I'A(6 1 E .^- .'"'.•. U. 5 30`02' W,-,:-6.2(.1 e,;t „wft• ast l e of i said ]52,5 -a cn t race, ec in t:r, p r n found na rki the E. c orne r of that certatn uet.of Land ` led 5.11 acres as c onveyed to Burrows by deer. as kcorded in Volume 715, Page 929 of the Deed Records of Williamson County, barking a corner hereof; - THENCE N•60° 00' W, with the North line of said 5.11 -acre Burrow, tract, 0:549.91 feet pass an iron pin found in the East line of said 50 -font -vide Yoxd and contiininl for a total distance of 574.91 feet, !n all, ?iron pin set for the N.W. corner of said ' interior corner h 5.11 - acre Burrows tract, ereof; THEACE S 30° 01' 30” w, 38684 feet, with the said•centerline of the 50 =foot -vide road eas an iron pin set for the S.W. corner of said-5.11-acre Burrows tract, for an 'interior currier hereof; HENCE S 59° 59; E, with the South line of said 5.11 - acre - Burrows tract t25.O6 feet pass ap iron•pin in the East line of said 50 -foot- idc. road.`easerpent 'and continuing for a' total distance of 'ftll,'r'to an iron,pih found ,,-•rrfiing the S.E. id S. 1 feet, ot's _t•ract in the East line of said corner Glenn said 5.11 - acre cor 152.5 -acre Glenn [rat[, marking ^< fE;:CE S 29°,58 W, 1160.54 feet, with the said East line of the 152.5- pfli ieZ G]enn,,trac passing the Williamson- Travis County line, to an iron mind marking the N.E. corner of 5 :`35,`acres as Conveyed that certain tract of Y to E. Geese by deed as recorded in Volume 787, pa0 of the "Deed Records of Williamson County, Texas, marking the 1 st :'easterl • S.E.' corner hereof; S cur T N 59`.57'W, 1126.51 feet, with the North line of said ;he 35 - acre 5eese tract, passing the Williamson- Travis County line, passing N. W cor =of said 5.35 -acre geese tract, the N.E. certain ;race of.]and called 3,19 acres'as conveyed to T. J. r c coat et ux, -by deed as recorded in Volume 917, Pa Deed Records L,'r'illiamson County, Texas; the N.w. corner 8e 701 of .19 Dcraorss ract;;'the N.E. 'corner of that certain t tract of ]and called2. OD ac Jo acres 41ieyed to T. J. Jacobson, et ux, by 1•,e.7Go of the Deed Records of W t t deed as recorded in Volume 917, n `tiet :in the centerline of easement,' an said 2.00 -acre ,Jacobson tract, for an interior corner ::' -: ;CE 5 30' 01t;W, with the West line of said 2.00 -acre Jacobson tract, ,25'.00 feet pas 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 alI an iror•. :,p.in found in a fence in the South line of said 152.5 - :;acreF;Glenn 'tractia7arkin the S.W. corner of said 2.00 -acre Jacobson ::;:ari:ing the°most westerly S.E. corner hereof; pith said :fence on the South line of said 152.5 -acre Glenn s)follows: ' 22 " 30 "_W, 125.63 feet to an iron pin found and N 59° t rYf x, `1046 ;10 feet, to an iron pin found at a fence corner ar ng , the S:I.', corner of said 152.5 -acre Glenn tract on or cthe "West line of said Nemucan Hunt Survey, marking the 'corner hereof; CCCET:.30° 07' E, 1789,74 feet, with a fence on the West line of said 15 <. acre'Cle : :r, tract, , .r near the West line of said Mcmucan Hunt Srdev;''vto "the or place. of BEGINNING and containing 141.27 acres of )end. EXHIBIT "A" Pace Two of Three EXHIBIT B PAnc. 2 1.64 acre:,t • • .ated in the Htmoran Hunt ',urvey, 3)4 In le. said land being . portion o: that tt "iain tract c 1 - - .)11oc 44 0 ,cres as conveyud tc B. W. Cle:.. 'y o s recorded ..:- 260, age 368 of the Deed ) .:cords of W:11fam- son County, 7 :.,:od '?.e ground in the month of Febro 1984 . under toe ! P T. Magness, Jr., Rogistered PoN1:: S and • r, poTt!:u!,rly described as follows: LECINN1NG at an iror pin found in a fence in the South line of said 44 .0-acre Cleno trar: nn or near the most westerly. South line of !he ,aid Memucan Punt Srvry - akIng the S.W. corner of that certain ltdCt 'f land calle4 an ac:e as conveyed to C. C. Jacobson by dp,d aS recorded xn Vo2ute 689, P,,gp 449 of the Deed-Records of Williamson County, :,,as, marking the S.E. ,:oinci hereof; said point being S 87° 20' 30" W, .te.00 feet and and S 51.18 feet from the 5. E. corner of said cre Clent S 87° W, 51.65 f1., , i:h the said fence n:. the Snucz %aid 44.U-acre I :o an iron pin f ound i the ' ,vrner of that cert.1:. : of land called 16.244 'CI 15 as conv,yed to :aro: Leppin b> deed as , . - -rdoe :n Volume 621, Page 719 of the De'c'd 2 r.ords of W111:dson Te:..as, marking the S.W. , orner herrof; 09 W, - , ot, with a fence on the Last line of said 2 Leppin tr. t, *.• ar iron pin found in the South line of Coad No 170, the N. E. corner of said 19. 244- Lepern t r the N 17 E, - - the Soath line of Count: an Iron - the N.W. corner 1 said 0.92 .:re ibeObSOn tracE, the N.E. corner hereof; '1:1.NCH S 14 09' E, :du_.i0 feet, with the West line of ,, aid 0.92-acre to 11.o :h)r. J1 :i9 { and containing 1.64 acres of EXHIBLT "A" Page Throe of Three 4, EXHIBITB lilt 3 PERIMETER FIELD NOTES: BEING 117.45 acres of land, of whirr approximately 70.25 acres are situated in the Asa Thomas Surve., \l': ocr . . 609, approximately 12.5 acres ..:e situated in the C. 11. Rowe Svr•;ey, Abstract No. 871, and approximately 3' +.7 acres are situated in tits ',:rt. darker Survey, Abstract No. 107, in Williamson County, Texas. Said land bring that same land, called 117.46 acres, as described in a Quit Clair De:-] to C. R. Luedtke of record in Volume 6:'7, page 177, of the Deed Record:, 01 1,:111a^•sun County, Texas. Surveyed on the ground in the month of June, 19S4, n :.?ar the supervision of Don H. Bizzell, Registered Public Surveyor, and bt•,� p r :ere particularly described as follows: BEGINNING at an iron pf'. fountd at a fence corner, at the intersection of the north line of County Re, ' St.. 169 and the west line of the N.K.d T. Railroad right -of -way, marking cornet of the above - referenced Luedtke :goer, for the S.E. corner he :,. ,,id point being on or near a southerly 13::e of the Wm. Barker Survey, csL] »t 107; THENCE along the said 'o',t linl• of the M.K.&T. Railroad right -of -way, N 21 25' W, passing the common line :.::twe n the said Wm. Baker Survey, Abstract 107, and the C.E. Rowe Survey, Abstract 671, 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, mown 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 ]one of County Road No. 168, N 89 41' W, 840.66 feet ,to an iron pin found 'at :t 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 lane of County Road No. 169, as follows; 5 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, 2.83 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 • near an interior cornier 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 1 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 thole 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 .n.d seal at Georgetown, Williamson ('aunty, Texas, this the 7th day of June, 1984, A. D. lh Job No. S 1451 -3 KNOW ALL MEN BY THESE PRESENTS: CO3.•Ut71N0 CNO+N?ERI - ■ tNKYORI P 0 OT 650 • GEORGETOWN. TX 766'0 . A . OF j� Lf2 t✓F36n H. Bizzell Registered Puolicf,+rvcyor, No. 2218+ DON H. BiZZELL State of Texas 2218 �•�/ ! d sT °EX HIBIT - c PAGE 1 Steger Ri33aLL, inc. Field Notes for John Lloyd Beginning at an iron Lane being at the re described as contain Volume 1318, Page 33 the relocated Wester most Westerly corner l 7 ks o .f *Ads pace! (Akcfci ct +ache.ed a ' licc in iki;)Iiarxsd.t) Go µ ,i'1 ` 145.92 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 PEED 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: pin found in the Easterly right -of -way located Northwest corner of that certain ing 93.7 acres in a deed to A.G. Wheeler 1 of the Deed Records of Travis County, ly corner of the said C. R. Luedtke Firs and POINT OF BEGINNING hereof; 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 1 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 .if th' herein described tract being the North line of the said 58.40 acre John Lueutke tract S53 °28'41 "W for a distance of 2,716.68 feet to an iron pin round 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 mot Southerly corner of the said 135.48 acre C. R. Luedtke tract for a corner 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 ifollowing three courses and distances: • line of Shultz tract of land recorded in Texas, same being t tract for the EXHIBIT c PAGE 2 -Field Notes 195.92 Acres for November 9, 1984 -'John Lloyd Page 2 THENCE continuing with the Sorithwesterly 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 N6O °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 hei 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. * r 9. F . 7 : STEVE BRA,NDT i 4126 •• • V Steve Brandt Reg. Public Surveyor No. 4126 Surveyed November 6, 1984 EXHIBIT c PAGE 3 / CR. LUEDTKE et. ux. F/RST TRACT (/35'.48 AC.) VOL 763 PG. 509 r Lired'i EXHIBLT t PAGE 4 /5 196.97 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 D FIELD NOTES BEING 3'1.7751 acres of land out of the Asa Thomas Survey, Abstrac' Nu. 609, Wi lliamson County, Texas, and being a portion of a certain 70.0 acre tract of land conveyed to Glen f:eans and recorded in Volume 534, Page 105, Wi 1liamson . !ecd Kea•ords. and being more particularly described by metes lid bounds try) lows: BEGINNING at a 1/2" iron pin found, being the northwest corner of said 70.00 act.: tract, al so being in the southerly right -of -way line of Gattis School ,Road (R.O.W. varies); THENCE S 89 16' 00" E, with the south line of School Road, a distance of 614.90 feet to an iron pin found, same being the northwest corner of a :eitain 5.00 acre tract conveyed to Tracy Gustafson and recorded in Volume 801 Page 671, Williamsun`County Deecl Records; TIiENCE 17 56' 00" E, a distance of 1459.85 feet to an Ir an rod found at the base of a fence corner cost; THENCE N 80 t•0' 24" E, a distance of 538.32 feet to an r ••on rod found at the base of a corner fence 1.,st: THENCE S 17 54' 36" E. ., distance of 1410.67 feet to an Iron rod fonn.i at the base of a fence corner lost. same being the southeast corner of said 70.00 acre tract; 'THENCE along the west line of said 70.00 acre tract, N 86 29' 32" W. a distance of 1172.55 feet 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 fe , -:r ro an iron rod set, same being the most southerly southwest corner of a certain 2.00 acre tract of land conveyed to Jeos :I Riojas and wife, Juanita Riojas and recorded in Volume 772, Page 298, Wi 11 iamson County Deed Records; ,THENCE along the soutcrly and easterly lilies of said 2.00 acre tract, the ;.following four (4) courses and distances; • 1 1.) N 40 20' 11" E, a distance of 378.66 feet to an iron rod found; •2.) N 06 13' 30" 14, 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; 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; ,THENCE 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" 77 30 ". a radius of 10.00 feet. and a chord bearing a;.,( distance of N 07" 12' •13' E. 10.96 feet to an iron rod set at. the %•"i" of reverse cur vature and a curve to the right.; 2.1 along said curve to the right, an arc distance of ■0.67 feet, having a 1 angle of 12' 05' 02 ", a radius of 430.,00 feet, and a chord e:,r:ny and distan•••• 'if 2i 58' 31^ W. 60.62 feet to an iron rod set; ' ' 0 6' 3 w a •ii::ran,:a: 583.22 feet to an iron rod set; THENCE s 72 04' 00" W, ;: distance of 522.55 feet to an iron rod found in the wes' line of said 70.00 acre tract; ' NCF. a long said west 1 n of bard 70.00 acre tract, N 17 56' 00" W, at a r :s-,,nce of 405.70 feet h.issir.'; an :con rod found for the southwest corner of a deet.ain 6.34 acre tract conveyed to Roy Lutz, and wi fe Carol Lutz, and EXHIBIT E PAGE 1 recorded in volume 553. Page 517. WI Iliamson County Dec,1 Records, ■•, ■1 1 a hsrance of 1014.31 feet 1 POINT OF BEGINNING, containing 39.7751 Irr of land, subject to easem. con lit ions or restrictions of record, iny. CUNNI!. HAM-GFtAVES, INC. / . • \l C. _..^I' Stanley Coa ter, R.P.S. 1481 --..... ..,,,...., ...:„ ebruary 14, 1985 *.• E..,...;:f .w J.S ............... EXHIBIT .E PAGE 2 0.1h9h acres or 7, 3'( sq; lie feet of land out of the An Thoma,-, Mtvey, rmt sm. ,U9, W1111,1. .g, emit..., Texas, also being out of a cert. .63 I of land convevod to !arm., Travis Cunningham and Billie km, aning- ;-oorded in 'ol. , l1, '02, Williamson County Deed Recu:u,, and uu; ,ertain 7.)0 mc;e tr te.; of land conveyed to James Travis Cunningham Pi'!: Ric Cumlingh.e. , e0crded in Volume 828, Page .59, County • .; ;Ms, !.eipp 'nor; n.rticularly described by metes .1nd bounds .1, C dh(....Nitm ac en Ircn ' heing ctie southeast corner of said 3. ;ere • cro t; 1 THENCE S 40° 26' 2d" W, . ot 12.20 feet to an Jr( rod A point of curvature.of.A t the ieft; THENCE along said curvu ro ;1, 1pft an arc distance of 11.60 feet, hav;;;;t a central angle of 66 27 ", ad os of 10.00 feet and chord I 11 distance of N 07 12' 4 7, 10.56 feut to a point of reverse curvot.m, , c° ' •.. 'i a mat nd , curve to the right; I THENCE along said curv, ;., t.1,,'2 right., an arc distance of 60.67 feet, a cc-ntral angle of 08* 05' 02", a tadius of 430.00 feet, and a chord and distande of N 21 58' w, 60.62 feet Co an iron rod set; a 11 • THENCE N 17 56' 00" W, , •1sLance of 683.22 feet to an irnn rod set; I THENCE N 72 04' 00" E , dist,ince or 10.00 feet to an iron rod found, h..ine, the i northeast corner of sai0 7.50 m tract; TPENCES 17 56' 00" E, distance ot 747.21 feet to the POINT OF BEC1';':INC, containing 0.1696 acres or 7,A6 square feet of land, subject to easemr conditions or restr1cr1,1s of r.N if any. CUNNT HAM- INC. • - ,A , al& J. Stanley Coulter, RPS it1481 February 14, 1985 Proiect No. 361-0001.0100 CUNNINGHAM-GRAVES, INC. EXHIBIT E PAGE 3 , Ir 1 .0 NOTES J. S1 !..*,•E'OALTER 101 " slcOi!;•-:0 /*&• .. I AUITIN, TEXAS BEING 2.0040 acres or 87,296 square feet of land out of the Asa Thomas Survey, Abstract No. 609, Wi L1 iamson 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 .1, 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" t, 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.) 5 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 l.;nd, subject to easements, / c.nditions or restrictions of record, if any. CUNNINdNAM- GRAVES, INOV ,/ ji • ci . Gregory✓J. CXemg(its, RPS €4197 March 1, 1985 Project No. 36 1 - 0001.0100 EXHIBIT E PAGE 4 FIELD NOTES C P - OF 1 . ' " '' CV GREGORY J. CLEMENTS G . � 4 , • < /�••SUR�F, 95 acres on Gatti School Road, Round Rock, W'•siemson County, TC.AS. The ,Metes and Bounds Field Notes Description are as , ,lows: FIELD NOTES describing a 94.334 acre tract or parcel of land situated In the Asa Thonas Survey, Abstract No. 609, Williamson County, Texas, hcing a Frances fDedear, rSchlameus ,ofLaura that Helencertain Dede Puutnam acres and conveyed David Ray Dedear by Warranty Deed recorded in Volume 069, Page 359, of the e Records of said County, being more particularly described by metes bounds as follows: 3EGINHIHG FOR REFERENCE at a point in the centerline of Gattls School Road (County Road No. 168), being the Northeast corner or a 95.1 acre traet of land conveyed to Fioy Howe and the Northwest corner of said a r being 21.20 feet and Northeast corner of..-iNS.00.acre2trac0t ote1 conveyed to Vernon L. Jakub and wife, Jeneth• H. Jakub by General warranty Deed recorded in Volume 044, Page 912 of said Deed Records, being the most Easterly.Norlhwest' 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, H09•45'E, 1053.96 feet to an Iron pin fence corner post, being the Northeast corner hereof; 60 -0 Hall found at a eof THENCE along an East line hereof, S16 58'E, 34.22 feet to en iron pin set under a fence in the West line of 124.15 acre tract conveyed to Ernest Lawrence, being an angle point in the East line of 'said 100.00 acres, for an angle point hereof; THENCE continue along the fenced division line between raid 124.15 acres • and said 100.00 acres, being the East line hereof, the following four ( • courses: (1) 519'39'40 549.60 feet to an iron pin set under said fence. being an angle point hereof; (2) 519 820.43 feet to an iron pin set under'said fence, being an engle.point hereof; (3) 519')5'E,, 819.49 feet to an iron pin set under said fence, being an angle point hereof; (4) co post, 1089.T6 monument of said 100.0 acres, being the Southeast corner hereof; li ne C herleof9 the S73 •30 fenced "W, South J7184 feet of."'Said to tan acres, being et n the ata fence corner Southwest corner being said Southeast corner of Southwest d the est r - -ner hereof: THENCE along the fenced division line between said 95.1 ':res and said 100.00 acres, being a West line hereof, N19 °19' "W, 2723. fee: to an iron pin set, being the Southwest corner of said 5.00 acres, h °ing the most Westerly Northwest corner hereof; THENCE along the South line of said 5.00 acres, H70 °4C'E, 236.26 feet to an iron pin set, being the Southeast corner of said 5.00 acres, being an ell corner hereof; along the of said acres, desc 9' ribed " tract o9 land containing 94.334 acres of land more or less. I, Steven. D. Kaltman, a REGISTERED PUBLIC SURVEYCA, 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 F EXHIBIT' "A" EXHIBIT G PAGE 1 701 1J1 ? ,i Zjfi 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 Page 101, Deed Records of Williamson County, T,ex,as; BEGINNING at the up_>er 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 stands5 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 5E 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, 300.9G vrs., to set another monument for an offset corner in this West line; HENCE 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 NS4 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: DI.ING 17 acres more or less of the Pc'mucan Hunt Survey, Abstract No. 314 and of the Wm. Backer Survey, Abstract No. 107, in Williamso County, Texas, and being out of the North part of a 200 acre tract described in n homestead designation of record in Volume 255, Page 1 Deed Records of '•;iilinmson County, Texas; BEGINN1NG at the .i.,cr NE corner of the 200 acre_ tract set a 4 inch square i� uare 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 "A" continued - THENCE S 00 deg. 24 ruin. 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. F. 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 Ndith 63 deg. W. 10 feet for refer ence to this corner, the NE corner the 200 acre tract; THENCE 5 29 deg. 95 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. 1;. 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 .1. EXHIBIT G PAGE 2. FOR A 59.178 -ACRE TRACT OF LAND OUT OF THE ASA THOMAS SURVEY ABSTRACT N0. 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 R0W 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• 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 o:stance of 1760.15 feet pass an iron pipe found. for a total distance of 229.3.95 feet to an iron rod found at most 'southerly common corner of said 100 -act. tract and said 95.41 -acre tract for the most southeasterly corner hereof; 1NFNCE, with the southerly boundary line of said 95.41 -acre tract 34 "W at 1C'.84 feet oars a point from which an iron rod found bears . "E a distance of 2.0,feet, for a total distance of 1095.04 feet to an iron _d found, and rom which an iron pipe found hears 573 23'27 "W for a 61 :i of 212.32 feet, sa'.'1 iron rod found being the most southwesterly corner of sx'c. J5.41 -acre tract and t.e most southwesterly corner hereof; THENCE, with the common: boundary line "between a tract of land in th? of Mrs. Hedwig Bland of record in Volume 110, Page'284 of the Deed Recor of Williamson County, Texas, and said 95.41 -acre tract N18 "•56'24 "W for a distt._ of 642.90 feet to an iron rod found at a northeasterly corner of said Bland cr•.ct for an angle point in the westerly line hereof; THENCE, with common boundary line between a 187 -acre tract in the 'ame of Doyle Hickerson, et. ux., of record in Volume 526, Page 50 of the Deed .:s o$ Williamson County, Texas, ano said 95.41 -acre tract as fence :.t"67'34 "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 nort■:vest corner hereof; THENCE, departing said common line N73`24'44 "E for a distance of 8S' 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 nor'her' sorts .st corner hereof; THENCE, with the southerly ROW line of - Gattis School Ro.i'' N8:' -7 '59"E for a distance of 63.44 feet to the POINT OF BEGINNING he.•eof. As "'led By: ,. re*. ` • •T .-,con C is Re C Public Surveyor No. 4295 f �... 1 Joo n,. :t9. '• 001 -101 FIELD NOTES EXHIBIT FI 4> a e FIELD HOTES: 26.'041 ACRES: ALL THAT CERTAIN TRACT OR PAM:CLL u, L.1UU LYING AHD 1...'.tiG SITUATED IN WILLIAT S ^I; f•C' 'TY, TI'P.S, OUT OF TIDE ME1'I HUNT SURVEY, BEING A PORTION . .t,T C:C1M,I.1` '0.9 ACRE TI;. f OF LA1 :D AS COirvE;ED TO EAGTHEI. C. :!i:r-rEI15C /t ) W1FX, PHYLLIS LEE HEI RSON BY DEED DATED APP]1 28, (.i "! :.:(M)Lt; 11t Vuiijr.I;: /.98, PACF 526, DEED RECORDS OF t•:1LL1;SOr: C: AII!) L•i•:I1:i; 1.1E =;; PARTICV L•ARLY DESCRIBED BY METES Ar") FOII!!t)S AS FOLLOWS: PECINNING at an .iron pin fc.,n.ri rot :It the bare of a corner fence post, said point being t'. n_rLlit:c; ;L corner of uuiJ '/2.9 :,cm tract and located in the cctat now line of County Road No. 1701 THENCE South 53 ° - 24' -23" E :..;;t,, • 103 1 4. ]9 foot, with the east line of said County Road No.•'170. to an iron pin found set for the intersection of said road rind a 50 foot wide road casement north line; TILENCE North 67 ° -25' Ea:; 1110.26 foot with the north line of said 50 foot wide road casement to an iron pin found set for corner; TN - :I :CE North 17 °- 17' -00" 'nest, 767.74 feet, with the west line herein described and the line of the wire fence to n iron pin found set ma rkin. the North East corner; TRENCE South 72 ° - 49' -38" West, 913. +5 feet, with the north line of said 72.9 acre tract and the line of a wire fence to an iron pir, found for angle point; THENCE South 72 °- 41' -04" , .cst, 2)7..:;5 feet, continuinE, with the north line of said 72.9 acre tract to an iron par found at a fence corner post; TRENCE Sout), 12 °- 0,' -02' , 12.7 feet., with the lino of a tare fence to 'in iron pi fend ni : fence po:;t corn r; Td CE South 70' -20' Ucsl, 598.71 icet, with the line.• of a wire fence to the point P'.fGIN':It.U, and containin 26.2141 acres of land, more or 1_•:s. F. J. Crenshaw, P.E. rcGistercd Public Surt•e :o No. 2065 EXHIBIT I PAGE i DATE a. taLt of land situated in the William Barker Survey, of which 3.16 area ar n Abstract No. 107, Williamson .unty, Iexas, 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 28.9, Page 255, Deed Records of Williamson County, Texas, and being more particular described as follows: 9EGINNING 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 post marking the most easterly S.E. corner of said Glenn L52.5 -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 poet marking the most westerly S.E. corner of said Glenn 152.5 -acre tract, for the most webterly S.E. corner hereof;' • 1HE.NCE, 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 J PAGE 1 ae_ING a 5.19 ar-., t:.ict of land, of which 0.0 lore is situated in the Nemucan Hunt S. ey, Abstract No. 314, and 5.) i acres are situated in tha W1111an 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., Regiatered.Public Surveyor, and being more particularly described as fo7lovs; BEGINNING at an iron pin sec 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 Basso 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 50' 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. H 59' 58' W,'.5■0.00 feet with said south.line to iron pin aet 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 vest end of the centerline of said 50 foot vide Road Easement for the N.W. corner hereof; THENCE. S 60' 00' E. 550.00 feet with said centerline of 50.00 foot vide 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 Beese 5.35 acre tract; THENCE, S 30' 00' W, 410.50 feet to the Place of BEGINNING and containing 5.19 acres of land.. EXHIBIT K PAGE 1 catir .r `y y .: „; >• '� rx�`raw °.ran ' ,y • EXHIBITL EXHISIT VOL • • 1070 PAO 7 ' FIELD NOTE DESCRIPTION OF 96.195 ACRES OF LAND. ' • '•BEING 96.195 ACRES OF LAND IN THE PRIOR A..HOLDER SURVEY. ABSTRACT.NO.'•297, 'IN'WILLIAMSON COUNTY. TEXAS, SAID TRACT SEINC'ALL OF THAT CERTAIN 79.11 :ACRE TRACT OF LAND CONVEYED TO ERNEST N. JOHNSON, ET UX, RY.DEED OF RECORD IN.VOLUME AT PACE 775, DEED RECORDS' OE SAID COUNTY AND STATE, SAID TRACT ALSO BEING A PORTION OF THAT CERTAIN 20 ACRE TRACT OF LAND CONVEYED TO SAID ERNEST JOHNSON Ely DEED•OF RECORD 391. AT PAGE 628. DEED RECORDS OF SAID COUNTY AND STATE. SURVEYED.ON THE GROUND RY RALEIGH JAMES OCHOA, REGISTERED PUBLIC SURVEYOR NO, 9226. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: E:ECINNINC at an iron in found at the Southwest corner of said 79.11 acre' tract. for the Southwest corner hereof) THENCE. continvinc with the Westerly ]ine hereof and of said 79.11 acre tract. the followins four (1) courses and distances. 1). N 24dec 28' 26' W, 52,05 feet to an iron Pir,•foundr 2), N 02dec 30' 51' W, 370,75 feet to a'Point in a fencer 3). N Oldec 35' 38' W, 907.67 feet to'a Point in a fencer 4). N Oldes 55' 05' W. at 416.30 feet pass'an iron pin found. 613.99 feet to a point in the centerline of'''Rrushv Creek. for the Northwest corner hereof) THENCE, 1'eavir,c said•]ine and continvinc with said centerline. twins the Northerly line hereof,an'd of said 79.11 acre tract. the followins six (6) courses and distances. • 1). N 96dea 17' 99' F, 193.47 feet to a point. 2). N ?Odes 03. 00' F, 399.93 feet to a point. 3). N 57dec..59' 50' E. '546.39 feet to a.pointr •, . 1). N 71dec'26' 08' E.'151:66 .feet - .to'a point,•: 5), N 69dec 29' 56' E, 351.71 feet to a point. 6). N 85dea 06' 30' F. 116,36 feet to a Point for the Northeast. corner hereof and of said 79.11 acre tract) THENCE. Ieavinc said line and continvinc with the Easterly line hereof and of said 79.11 acre tract. the followins six'(6) courses and distances. 1). S 15dec 33' 00' Fr 89.88 feet to an iron Pin set.. 2). S 58dec 11' 30' E. 99.15 feet to an iron Pin found, 3). S 50dea 39' 00' E. 721.19 feet to an iron Pin found. 4). S Oldec 55' 30' E, at 669.52 leave said 79.11 acre tract and enter said 20 acre tract. 1553,11 feet to an iron Pin found on the Northerly line of a S0, foot easement, of record in Volume 691. at Pace 770, DEED RECORDS of said county and stater 5). S 89dea 45' 00' W. 750.57 feet to an iron Pin found at the Northuest corner of said easement. 6). S Oldes 06' 00' E. 99.59 feet to en iron, pin at the Southwest corner Of said easement, heinc in the 'cer.terline of a Public road. for the Southeast corner hereof: THENCE. Ieavinc said .line and continuing with the Souther.lv']ine hereof and of said 20 acre tract. S R9dea 50' 15' W. at 13.00 feet pass an iron pin, found, at 589.17 feet ease the common, corner of said 70 acre tract and said 79.11 acre tract, 1965.99 feet to the TRUE POINT OF BEGINNING and contair,ir,a uithir, said boundaries, 96.995 acres of land. PAGE 1 • • • / i ..r.:.a �w•viv+r....... •n: ` -sw�. +.: ....: 1�: Nt:_ L.'..' X'. J.. y' isii: LwaHls }VC..:•:asw� • EXHIBIT "A" -- EMBIR- PAGE 2 (l' 654 ,.. FIELD °'NOTE OF 96.395 ACRES OF LAND.. BEING 96.395 ACRES OF LAND IN THE PRIOR A. HOLDER SURVEY, ABSTRACT NO.•297v.. IN.WILLIAMSON COUNTY. TEXAS. SAID TRACT BEING,.A•PORTION OF THAT CERTAIN:.:•:;'• ' 175 'ACRE TRACT CONVEYED TO JOHN BRUCE JOHNSON.,.BY DEED..OF RECORD,IN' •• VOLUME'391 AT PAGE 625, DEED RECORDS OF SAID COUNTY AND STATER AND BEING A PORTION OF THAT CERTAIN 153.016 ACRE TRACT OF LAND DESCRIBED IN A DEED OF •RECORD IN VOLUME 691, AT PAGE 769, DEED RECORDS OF SAID COUNTY AND STATE. 'AND ALSO BEING ALL OF THAT CERTAIN 7.602 ACRE TRACT.OF LAND CONVEYED TO,. SAID JOHNSON BY DEED. OF RECORD IN VOLUME 691, AT PAGE 773, DEED RECORDS . OF SAID COUNTY AND STATE, SURVEYED ON THE GROUND BY•RALEIGH JAMES OCHOA,:• REGISTERED PUBLIC SURVEYOR NP. •42261 AND BEING`.MORE PARTICULARLY :DESCRIBED AS FOLLOWS: • BEGINNING at an iron pin found markinc the Southeast corner of 175 ' acre tract. for the Southeast corner hereof) • THENCE. continuinc with the Southerly line hereof and'of said 175 'acre tract, the followinc three (3) courses and distances.' 1).' N 89dec 56' 15' HR at 434.99'feet pass the Southeast corner of said 153.016 acre tract; same heir.e'the Southeast corner of'a 50 foot, easement. of record in Volume 691, at pace 770, DEED RECORDS of said county and state, 717.99 feet to an iron pin found,:;' 2). S 89dec 55' 30' W. with the•Southerly line of said easement. at 656.12 feet pass the Southeast corner of said 2.602 acre tract, 745.74 • feet to an iron pin found. ' 3). S 89dec 97' 49' W. 751.34 feet to an iron pin set in the center of a public road for the Southwest corner.hereot and said easement . 1 and said 2.602 acre tract: • THENCE, leavinc said line and continuinc with the Westerly line hereof, • the.followir.s six (6) courses and distances, .1). N 01dec 06' 00' Wr 49.59 feet to an iron pin found at the Northwest corner of said easement. same beinc en .ell corner of•said 2.602 acres. 2). N 89dec 95' 00' E. 250.57 feet to an iron pin found at another 3 ell corner of said 2.602 acre .tract, 3). N Older 55' 30' W. 'leavinc' said easement, at 883.59 feet .pass:'_ the Northwest corner said 2.602 acre tract. same being an ell 'corner of a' certain 79.11 acre tract conveyed to Ernest N. Johnson.' et ux. by deed. of record in Volume 691, at pace 775, DEED RECORDS of said county and state, cor.tir.uir.c with the Easterly line of said 79.11 acre tract. 1553.31 feet to ' an iron Pin'foundr 9). N:50dec 39' 00' W. 721.41'feet td an iron Pin found. 5). N SBdec 11'• 30' Wr 99.15• feet to an iron Pin set. 6). N 15dec 33' 00' W. 89.88 feet to a point in the cer.terlin• of Brushy Creek,'for the Northwest corner hereof, 'same beinc the Northeast corner l of said 79.11 acre tract. said point beinc in the North line of said 153.016 acre tract and said 175 acre tract. 'THENCE. leavinc said' fine and continuinc with said centerline and the ' • t line hereof and of'said 153.016 acre tract and said 375 acre tract. the following seven (7)courses and distances. 1). N 85deo 06' 30' F., 83.61 feet to a point, . •' 1 2). N 82dem 98' 30' E, 301 feet to a point. 3). N 99dec 13' 95' E. 757 feet to a point.. 1). N 92dec 27' 05' F. 383'0R3 feet to a•'eoint, •. ' 5). N 56dec 21' 15' Er 311.51 feet to a point, 6). N 63dec 52' 25' F. 177.81 feet to a point. 7). N 53dea 55' 30' .E. 330.92 feet to a, point. for the Northeast corner hereof and of said 153.016 acre tract and said 175 acre tract: THENCE. leavinc said Sine and continuina with the Easterly line hereof and of:said 153.016 acre tract and said 175 acre tract. the following eight (8) courses and distances. 1). S 12dec 23' 40' Er 2:.5.85 feet to an iron Pin found. ' 2). S Oldes 57' 33' F. 900.15 feet to an iron pin found. 3). S 83dec 31' 44' F. leavinc said 153.016 acre tract. 130381 • feet to an iror. Pin found. 4). S 02de.: 16' 17' F. with a fence, 319.66 feet to a•point. 5). S 0.Odeg 18' 13' E. 619.30 feet to a point, 6). S OOdea 19' 24' Er'433.41 feet to a Point. 7). S older 11' 37' E. 381.42 feet to a point,' 8). S Bides 30' 36' E.. 299.32 FEET TO THE TRUE POINT OF RECINNTNG and containir.c within said boundaries, 96.395 acres of land. Ism' . _. 1 •. ;. . S I 1.11 Lit; ;:iii I / I 1114�ar•:614 `tB of land, situated in the Saaiuel,Jenkins Survey, Abstract 5.29 acres No. 347. in Williamson County, Texas. Said land being that same land. called 5.16 acres, as conveyed to Slavonic .Benevolent Order of the State of Texas (SPJST) by.Trustee'a Deed of record. in Volume 854,. Page 620 of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of June, 1982, ' under the supervision of R.'T. Hagnees, Jr., Registered Public • Surveyor, and being more particularly described aa•followa; BEGINNING at. an iron pin found marking the S.E. corner of the above referenced 5 ; 16.acre tract, for the S.E. corner hereof;i THENCE. s 39' 26''W, 672.20 feet to an iron pin found markitig the' ' S.W. corner of the ',aid 5.1.6 acre tract, for the S. W. corner hereof; Z '1 '1 • THENCE. N 31' 01' W, 421.40 feet to an iron pin found for a westerly corner of the ,aid 5.16 acre tract for a westerly corner. hereof; THENCE, along a curve to the left, (Radius ■'198.3 feet. Long Chord bear's N 1' 41' E, 114.90 feet) an arc distance of 116.57 feat to an iron pin found; ZC ,4 THENCE, H 15' 10' W, at 24.96 feet iron ofound fr south a t distance of 33.82 feet, in all, to an of County Road No. 168, (Gatti; School'Road) for. the N.W. corner of the said 5.16 acre tract and H.W. corner hereof; 'ZqG • • THENCE, along the said south line of•Counti9ROae N t . 16 i (Co tin found. School Road) as follows: N 74" 51' E, and N 75' 38' 8, 170.20 feet to an iron pin set for the H.E. hereof; 5 ' ' THENCE, S 14' 54' E, ur 7.24 feet pace an iron pin • found, for o total• distance of 157.19 feet. in all. to the Place of BEGINNING and contain— ing 5.29 acres of land. 5 • STATE OF TEXAS X KNOW ALL HEN BY THESE PRESENTS% COUNTY OF WILLIAHSON X . ` 1, R. T. Hagnese, Jr..•Registered Public Surtleyor, do hereby certify that the above — described tract of land was',uryeyed on th my personal supervision during the month of June, 1982, a:that description is true and correct to the'best of my knowledge and belief. TO CERTIFY WHICH. WITNESS•my hand and seal at Georgetown, Williamson County, Texas. this the 9th day of•Hay, 1982, A. D• °... F.l r..1 S Cli :; •. , J ••SvP� io .v Job No. S 7220 FIELD NOTES FOR lh STATE OF TEXAS COUNTY OF WILum I hereby certify that this Instrument was Fl on, the dylf and at the time stamped here by me: and was duly RECORDED, in•the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on DEC.19 1984 • /CF71,44 COUNTYERK WILLIAM N COUNTY, TEXAS EXHIBITL PAGE 3 Gc ger E 8133e1L, lno. ' it y toxluLT,MO moulting — awwww44. P. O. Inc 11a . atoA,%TDW 1. to 71131. • 1 Ali • FIELD NOTES describing a 95.76 acre tract or parcel of land out of the Samuel. "•,'•. Jenkins Survey, the Asa Thomas Survey, the C. E. Rowe Survey, the T. F, Rowe Survey end the William Barker Survey, situated in Williamson County end' Tray.is County, Texas, being a portion of the remainder'of that certain 140.22 awe ' ."TRACT NO. 1' conveyed to William Dean Howe by deed recorded in•Volume28)9; Page 533 of the Deed Records of Travls'County, Texas, and a portion of'Gattis Country Section One, as shown on a Plat of Record in Cabinet'D, Slide 301303, of the Plat Records of Williamson County, Texas, .also being a portion of tiat certain strip of land dedicated a5 additional right -of -way lying North of Ad adjacent to Lot 12 of said subdivision, being more particularly described bl metes and bounds as follows: - BEGiNNING FOR REFERENCE at an iron pin found. at a fence corner post, being the •;`c' Southwest corner of a 0.50 acre tract conveyed to•said William D. Howe by deed recorded in Volume 780, Page 275 of the Deed'Records of Williamson County, Texas, and the Northwest corner of said "TRACT NO. 1 ";'thence along the fenced South line of said 0.50 acre, being the'North' line of said "TRACT'NO. 1' and the! North line of said additional right -of -way, N89'36'10 "E, 480.45 feet to'an iron •.' pin found at a fence post,. being the most Northerly Northwest corner' and POINT .-`•- OF BEGINNING of the hereinafter described 95.76•acre (TRACT FIVE); Z.q THENCE /continue along said fence line, being "a'North line hereof, N76'36'10 "E, 4129_feet to an iron pin set, being the Northeast corner hereof; q,-io THENCE departing said.fence line, in a Southerly direction, being the hereof, the following eight (8) courses: VOL 1205 Put 672 THENCE along the North margi N60'28'10 'W, 292.57 feet to that certain M. K. L T. Rail Of, said point bears N21'26' road" marking the Southwest PIELD NOTES FOR A 95.76 ACRE TRACT (TRACT I,) • 1) 501'34'20 "W, 326.97 feet to an iron pin set. .in the .curving West line of Lot..:';, , : 7, of said subdivision, being a Point of Curvature hereof; 2't.. 2) along the arc of a curve to the having'.elements of delta • 32 749'24 ",' radius • 209.86 feet, arc - 120.22•feet, tangent • 61.81 feet,"'cbord bearing and , chord • SO1'34'W, 118.59 feet to an iron pin found, being the Southwest corner •';2 -12 of said Lot'7,.being an angle point hereof; t.'l3' • •- 3) .502'12'30 "E; 507.84 feet to an iron pin set'at a fence post, being•the North limit of a fence, 'an angle point hereof; 274- 4) 509'19'W, 346.13 feet to an iron pin set at a fence post, being an angle point hereof; 1.16 5) S29'33'30 'W, 907.31 feet to a 60 -D nail set -at a fence post, being an angle point hereof; 214 . ' • 6) • •S29'17'40'W, 641.35 feet to an iron pin set'at a fence post, being•an angle point hereof; y'11 • 7) 522'23'20 "E, 564.02 feet to an iron pin found at a fence corner post, being an ell corner in the South line of said "TRACT•NO. 1 ", being an angle point hereof; I• 8) 500'39'15 "W, 259.20 feet to an iron pin found being an ell corner in the South line of said "TRACT N0. 1 ", being the most Easterly.Soutifeast corner here -. of; 1.''\ -• - THENCE along the fenced line of said "TRACT NO. 1 "; being the South line hereof, the following three (3) courses: 1) S88'42'W, 635,40 feet to an iron pin found at a'fence post,'being an'ell corner hereof; 1. :.'•'•:'• 2) 501'14'20 "W, 63.53 feet to an iron pin found, being an angle point. hereof;' 2al 3) N89'58•20 "W, 743.90 feet to a one -inch square bolt found at the'West limit Zgi of said fence, being an angle point hereof; ' THENCE along an East line of said "TRACT NO. 1 ", being an 'cast line'hereof, S18'43'E, 777.65 feet to an iron pin set in the North margin of•Meister Lane, being the most Southerly corner hereof, said point bears N18'43'W, 45.69 feet from an iron pin found in the centerline of said paved road, marking the most•: Southerly corner of said "TRACT N0. 1 "; 2.12J 'EXHINTL ' PAGE 4. • • n of said Meister Lane, being a South line hereof,, . an iron. pin set in the East.right -of -way line of road right -of -way, being the Southwest corner here - ' 35'W, 48.32 feet from a nail found in said paved ,, corner of said "TRACT N0. 1 "; k • - i '1. '• 5. • . • • . ; FIELD NOTES FOR A.95.76 ACRE TRACT • ,, .1 ' 1 ..."., (TRACT I) • . P,' • , • • THENC . E•along said East right-of-way line, ,being a West line hereof N21.25'3 .14 1373.42 feet to an iron pin set, being an angle point hereof;2:44a: . • . .• • i • .: ',;:.': - .. hereof, the following four (4) courses: THENCE along the fenced West line of said 'TRACT NO. 1", being the line . - ! • i. 1) N590020"E, 363.78 feet to an. Iran pin found at a fence post, being an • • angle. point hereof; 24,l . • • • • 2) N32 1873.17 feet to iron pin found at a fence post, being an ' ' angle point hereof; 2.4 . : 3) .S89 513.68 feet to an iron pin found at a fence post, being an ell '' • . • corner hereof; v.-5 • 4) No0'15'10~E, 852.41 feet to an iron pin set, being the most Westerly South- ■ a' \ \ west corner of Lot 14 of said subdivision, being the most Westerly Northwest • corner hereof; 2.64 •. , . . . . • . THENCE along the Southwest line of said Lot 14' S5441.2, 343.50 feetl.o.an iron .. . - .:... . . . . pin set in the North right-of-way line - of Williamson Drive, being an angle'point, • hereof; 7.-' ., THENCE along the North right-of-way line of said Williamson Drive, being the . . South line of said Lot 14 and Lot 13 of said subdivision, the f011owing two. . . courses; i. 1) N58'53'E, 140.00 feet to an iron pin set,...being,a Point of Curvature in the • .1 South line of said Lot 13, being a Point of.Curiature hereof; i:c.c.. 2) along the arc of a curve to the right hiving_elemints of delta . 2519'44", . ..,: k radius • 222.17 feet, arc • 98.21 feet, tangent •.49:92 feet„chordbeaiing and ._;,„ chord • N71'33'E 97.42 feet to i 4 ee se , eing the.common front corner.... 1CA , lereof; lvf; of said Lot 13 and said Lot 12, being a Point and an angle point '' . ' W . ;. • —. • w1 4••■•• a•••••■■••••••• .as • EXHIBIT "A" CONTINUED PAGE 2 OF 2 vol. 1205 PAU 673 . • , THENCE along the division line between said Lots 13 and 12, 1102'3844, 239.39 • feet pass the common rear lot corner of said Lots 13 and 12, and continue a dis- tance of 10.00 feet, in all being .a total distance of 249.39 feet to'the 1 OF BEGINNING of the herein described tract of land containing 95.76 acreS land more or less. sc,c1 1, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field 'notes and plat accurately represent the.results of an 0n-the- ground survey made under my direction and supervision on the 4th day of January, .- 1984. All corners located are as shown. There are no encroachments, .conflActs or protrusions apparent on the ground except as sliown. • HAYNIE & KALLMAN, INC. . - • 1 - 113oth 71ifyine, Registered Public Surveyor No. • • ';- • ate EXHIBIT L PAGE 5 • • • •:. . • /— 4-- ,• • • • • I' i• THENCE along an east line of .sald"TRACT N0.''1•.bein �• east " •'• S18'43'F., 45.69 feet to en iron pin found in ■aid being :Ow mos 1 southerly corner of sold `TRACT N0. 1 ", being the''southeest hereol•..,'' .J. t z85 • THENCE along said .centerline, being the most southerly line of said 'TRACT N0. being the south line' hereof, N ";f•;•289.12 feet to the . PoINT 0P•• 6ECINNINC of the herein described tract.-of land containing 0.203 ■ere' :or -8849." square feet to lend, more or less. Z 8 ro =� I, TI•othy P.. Haynie, a RECISTERrf PUBLIC SURVEYOR, do hereby•Certlfy•that :.these•••I. - geld no •and attached •plet',accurately represent :the •results :got. : =an =: nn - the- ground survey made under my direction and , supervision on the • a' °' day • of J Q _ er Y 1916. • All corners located •are • shown“ There •••re no • f encroachments, eonflfeta or protrusions apparent on the ground exec I ' ! HAYNI E KALLNAN I NC. yi OF . • " TIMOTHY E HA YNIE .. , Tin th7 . , 3. � ' 7 Haynie,,R.P f let SUR. FIF.LD NOTES describing a 0.203 acre tract or parcel 'of .lend out of the N.H. earker Survey, situated in Travis County, Texas, being a'porliCRi;of.•the remainder of that certain 140.22 acre' "TRACT No:,1`•, conveyed to .Nilllim.nean • 'love by deed recorded In•Vo1une 2839, Page''533, of the Deed Reeordalof'said • County. being • strip of land 30.43 feet 'north.of and adjicent•and.parallel to :::•: the centerline of Meister Lone, being more particularly described by metes-and hounds •s follows! „ Rs;CINNING at a 60-0 nail found in the centerline of said Meister Lane,• being the' most aoutherly•southveat corner of said "TRACT N0. 1 ",• being the.southvest'.•• corner and POINT OF SECINNINC of the hereinafter described 0.203 aere•(TRACT "• ? SIX); Z /iC- THENCE along a vest line of said "TRACT '0.'1 ",, the,vest.line. hereof, � N21'26'35'V, 48.32 feet to an iron pin set in the•north margin of ■aid;Meiater: Lane, being the northwest corner hereof; • THENCE along 'said north margin, being the north , line hereof, $ "5,.:292.57 ;. ,?';: • feet to an iron pin set• in sn east line of. said '.TRACT NO.' 1 ", ,b'eing the' northeast corner hereof;. 3 .•i;; • • • • vni 1205 PKE 674 • EXHIBIT "B" PAGE 1 OF 1 }MELD NOTES FOR A 0.203 ACRE TRACT (TRACT II) ' 'EXHIBITL PA &E G • • Aa rx ms s'' • • • FIELD NOTES describing a 0.390 acre tract or-parcel of and out of the Samuel Jenkins Survey, situated in Williamson County, Texas, being a•portion of that certain 0.50 acre tract conveyed to WI11ini D. Howe by deed recorded 1n Volume 780, Page 275 of the Deed Records of said County; being more particularly •, • described by metes and bounds as follows: •- BEGINNING at an iron pin found at a fence corner post, being the Northwest cor- ner of a 140.22 acre tract conveyed to said William D. Howe by deed recorded in Volume 2839, Page 533 of the Deed Records of. County, Texas, being the Southwest corner of said 0.50 acre, being the Southwest •' corner and POINT OF BEGINNING of the hereinafter described 0.390 .acre (TRACT THREE);' 1 THENCE along the West line hereof, N01'26'30 "E,'26.01'feet to an iron pin found' in the original South margin of Gattis School Road'(County Road No. 168), being the Northwest corner of said 0.50 acre, being :the'Northwest corner hereof; Zii)f y THENCE along said South margin, being the North line of said 0.50'acre', being the North line hereof, the following two (2)••courses: '.'•:•• '• • 1) N 9'44'F ,. 478.64 feet to an iron pin set, being an•angle point 29`.('' hereof; 2) N75•19'40 "E , 182.31 feet to an i'ron-pin set, the Northeast •. corner hereof; . • • THENCE departing said South margin, in a Southerly direction; being the East line hereof, Si 34'20 "W, 29.53 .feet to an iron`pin set in the fenced:South ' line of said 0.50 acre. bein'g•a North line of said "TRACT NO. 1 ", being the Southeast corner hereof; z �° THENCE along the fenced South line of said 0.50 acre; being the, North line of said "TRACT ND. 1 ", being the South line hereof, the following two (2) courses:, v. 1) 576'36'10 "W, 179.29 feet to an iron pin found at a fence post, being an angle point hereof; Z c. c1 2) 589'36'10 "W, 480.45 feet to the POINT OF BEGINNING of the herein described tract of land containing 0.390 acre. or 16979 square feet eland more or less. 1,1 1, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these field notes and attached plat accurately represent the results of anon -the- • ground survey made under my direction and supervision on the 4th day'of January, 1984. All corners located are as shown. There'are no encroachments,•conflicts or protrusions apparent on the ground except as shown. HAYNIE 6 KALLMAN, INC. / EXHIBIT "C" PAGE 1 OF 1 FIELD NOTES FOR A 0,390 . ACRE TRACT • (TRACT ,III)• Timothy Ej, Haynie, Registered Public Surveyor No. 2380 /— ¢ —S¢ Date EXHIBIT PAGE 7 �\ti I >. i a \ VOL 1205 P4ME 676 PAGE 1 OF 1 PIELD NOTES FOR A 2.999 ACRE TRACT (TRACT IV) • FIELD NOTES describing a 2.999.acre tract or parcel of land•out ••'• ... Jenkins Survey, 'situated in W111iamson County„ Texas, being all of•Lots•13 and'. 14, Gattis Country Section One, as-shown on a Plat of Record in Cabinet;D, Slide 301 -303 of the Plat••Records of said County and a•.portion of that certain ?strip of land dedicated at additional right -of -way lying North of and adjacent; to said ' Lots 13 and 14, being more particularly described by metes and boundsf.as;qol- lows: BEGINNING at an iron pin, found at a fence corner post, being the Southwest Cor- ner of a 0.50 acre tract conveyed to.Wibliam 0. Howe by deed recorded in Volume 780, Page 275 of the Deed'Records of:Williamson County, Texas, and•the Northwest.• corner of a'140.22 acre "TRACT NO. 1" conveyed to said William D. Howe :by•deed ' recorded in Volume 2839, Page 533 of the Deed Records of Travis County, :Texas;•.' also being the Northwest corner of said additional right -of -way, being .the. Northwest corner and POINT OF BEGINNING of the hereinafter described 2.999 acre- (TRACT FOUR); . . THENCE along the fenced South line of said .0.50 acre, being a North 11ne.of said • "TRACT NO, 1 ",'being the North line hereof, N89'38'10 "E;.480'.45 feet'to•an Aron pin found at a fence post, being the Northeast'corner hereof;' • THENCE departing said fence line, in a• Southerly;direct'ion, being the•East- li hereof, 502'38'E, 10.00 feet pass the common of said Lot'13 and:, Lot 12 of said subdivision,. and continue a distance of 239.39 feet, in all being a total distance of 249.39 feet to an iron pin 'set in the curving North right - of -way line of Williamson Drive, being the common front lot corner of said Lots' 13 and 12, being the Southeast corner hereof;• ' • THENCE along said North right -of -way line, being line of sai'd'Lots'13 and 14, being the South line hereof, the following"two (2) courses :' 1) along the arc of a curve to the left having elements of delta ■.25'19'44 ", radius • 222.17.feet, arc • 98.21 feet, tangent • 49.92 feet, chord bearing•and:: ., •• chord • 571•'33'W, 97.42 feet to an iron pin set, being, a Point of Tangency'•here- ••. ,. of; - 2) 55813'W, 140.00 feet to an iron pin set, being the Southwest cornerof said :•k Lot 14, being the Southwest corner hereof; THENCE along the West line of said Lot 14, being the West line•hereof, the fol ',• lowing two (2) courses: • 1) N54'41'W, 343.50 feet to an iron pin set in the fenced West line of:said . "TRACT NO. 1 ", being ad angle point hereof; 2) •NO0'15'10 "W, 135.38 feet pass the Northwest corner of said Lot 14, .and con- tinue a distance of 15.00 feet, in all being a total distance of feet to the POINT OF BEGINNING of the herein described tract of land containing 2.999 acres of and more or less. 1, Timothy E. Haynie, a REGISTERED PUBLIC SURVEYOR, do hereby certify that these''•: • field notes and attached plat accurately represent the results of n on -the- '- grpund survey made under my direction and supervision on the 4th of`January,' - 1984. All corners located are as shown. There are no encroachments, conflicts or protrusions apparent /on the ground except as• shown. HAYNIE & KALLHAN, INC. EXHIBIT llmothy 1 ' .Registered Public Surveyor No. 2380 I ell Date • •,i FIELD NOTES describing a 34,810 acre tract or parcel of land out of'tlre Samuel "••.\ Jenkins Survey and the T. F:•Rowe Survey, situated in Williamson County 'and Tra- vis County, Texas, being a portion of the remainder of that certain 140.22 acre'. "TRACT N0. 1" conveyed to William Dean Howe,rbyrder:d recorded in Volume 2839;.: . Page 533 of the Deed Records of Travis County, Texas, and a•portion of Gattis Country Section One, as shown on a Plat of Record in Cabinet D, Slide 301 -303 of the Plat Records of Williamson County, Texas;= also'being:a'portion of that'cer- • tain strip of and dedicated as,additional right- of- way.lying North of and adja- cent to Lot 12 of said sbbdivision, being nare•particularly described "Sy :; and bounds as follows: ` 0 EX1iIBIT,"Ar • 0. • BEGINNING FOR REFERENCE at an iro 9 1n found at a fence corner'post being the Southwest corner of a 0.50 acre tract conveyed'to said William D.•Howe by deed recorded in Volume 780, Page 275'of the Deed•Records Texas, and the Northwest corner of said "TRACT/i0. thence•along•athe fenced., South 'line of said: 0.50 acre, being the North'llne "TRACT N0: 1" and the North line of said additional right -of -way N09.36'10 "E,'480.45 feet.aand N76'36'10 "E, 179.29 feet•to an iron pin set, :6eing the.mostlWesterly:Northwest • 'corner and POINT OF BEGINNING of the hereinafter described'34.810•acre (TRACT TWO) •' THENC _ ontinue along said fence line; being :a.North'tine' hereof,. H76'36 4 E.,;'• 124.31 feet to an iron rebar found at a fence "post,•being an angle' point here -' of; • Z`il ; rSr; .• THENCE departing said fence line, in a Northerly direction, being a North line of said "TRACT N0. 1 ", North 32.16 feet to:an;iron'pin set in a North-line of said 0.50 acre, being the original South margin 'of Gatti.s School Road Road No. 168), being an angle point hereof;' 'Zq Z . THENCE along said South margin, in an Easterly direction, being a•North line hereof, 1175 21'10 "E, 161.57 feet to an iron pin found, being the Northwest cor- ner of a 5.29 acre tract conveyed 'to Marvin Freeman and wife•Maurine:V. Freeman by deed recorded in Volume 880, Page 943 of the Deed Records of Williamson County, Texas, being the Northeast corner hereof; z9 3 \ • THENCE departing said South margin, being the West line..of said 5.29 acres,, being the Northeast line hereof, the following,three (3)'courses: ' • 1) 515'06'45 "E, 8.84 feet pass an iron pin found, and.continue a'distance of . 24.96 feet, i n all being a total distance of•33.80 feet to an'iron pin found; � _ being a Point of Curvature hereof; 29h s • 2) along the arc of a curve to the right having elements of delta • 33'42'; '.;R r; radius " 198.19 feet, arc " 116.57 feet, tangent " 60.03 feet, chord bearing and chord " S01'44'15 "W, 114.90 feet to an iron pin`found, being a Point .of Tangency ' hereof 294 3) S30'58'30 "E, 421.41 feet t� an iron pin found in the fenced East.line of said "TRACT N0. 1 ", being the most Southerly corner of said•5.29 acres, being an•' angle point hereof; 2, 1 THENCE along the fenced East line of said "TRACT N0. 1 ",•bei4 the East line •`. hereof, the foilowing• six (6) courses: '•; = ' 1) S39'26'W, 209.98 feet to an iron pin found, being ah angle point hereof; Z1B 2) Sb0'15'35 "W, 799.98 feet to an iron pin found, being an ell corner hereof; V19 3) N89'47'W; 300.04 feet to an iron pin set, being an ell corner herebf; Soo 4) 509'33'20 "W, 565.09 feet to an iron pin found at a fence post, an angle point hereof; 3or "' 5) 511'32'20 "E, 444.89 feet to an iron pin found at a fence post,• being an '. angle point hereof;'3o1_ 6) 500'13'35 "W, 806.95 feet to an iron pin set at a,fence corner post, being the Southeast corner hereof; 303 THENCE alon7 the fenced South line of said "TRACT N0. 1 ", being the'South line' hereof, 1189 41'W,•649.71 feet to an iron pin.found'at a fence post, being the '• Southwest corner hereof; 1 _ e,- • . EXHIBITL PACE '9 VOL 1203 PACT 401 • V01,1203 nu 402 .(,... . . •. . • ,.. ,.." ..4'1•:. .: 1 . ..i ., .! , ...:'..:'- 0 ...-: • tail131TA7 . ,• ' • ••.• • - .0 . . . . '• • . . • 111E1ICE along the fenced West line hereof, the following four (4) courses: . N,, 1) I1222320W, 564.02 feet to an iron pin set at a fence post, being an. angle\ pu int hereof ; . 2) N29•17 641.35 feet to a 604 nail . set at a fence post, being an •• Point hereof; i -- 3) 11293330E, 907.31 feet to an iron pin'setat a fence post, being 'an angle . point hereof; -L 4) 140919'E, 346.13 feet to an fruit pin set at a fence past,bei:::: 1 . limit of said fence, being an angle point hereof;,- 111ENCE continue ina Northerly direction, being a West•line'he 507.84 feet to an iron. pin Jound,.,be ing the' Southwest corner of• Cop? 'of- sal d subdivision, being an 'angle point hereof; •• DIEUCE'along the South'line of said Lot 70164715 262.86 feet.q0a 'point in:a . stock'tank, being the'Southeast'corner.ofrsaiplot77,being here- .: TlibiCE along the East line of said Lot 7,41324841, 172:25 -feet to an Iron pin 3 found, being the Wortheast corner of said lot' 7, being Wanglerpoint• hereof;.. . • filEUCE along the West line of said Lul 7,%t,hcgollowing two'(2):courses: . 1) 56301'50"W, 40.13 feet to an iron pliqq being a Point. of.Curvature' hereof; -' ' , , - • 2) along the arc of a curve to the left havAn4 ,eleptents of, delta • radius 209.86 feet, arc 165.00 feet, tangent'. 87.03'feet bearing and • chord • 54030'30N, 160.78 feet to an iroiipin,set, a:Po1ntofTangency e7 11IENCE in a Northerly direction, being i'lle . 11;;;;;;10 . 1342 4 0 7 ; 4 3 . 2 i.: 6 4 .97 :' hereof; .. o the POINT OF BEGINNING of the herein described tract of •.landcontaining • ' cres of land mere or less. : • , , . / VaiTrAICRIVIA11.7.2311. . _ - 1F.X1111311 L FAL2E 1 U • ": • • • ;:....;,...:'.1'11 EXCIISIT!w} • • 0 VOL law AGE 4 eirl • • ,....., .. . ... , . • • • . - ., , ,;,:v:ti,.:: , . , ...,., ,,,... FIELD NOTES describing a 0 A85 acre tract or parcel of land (Jul."iiirstite'Sa:Muil _ Jenkins Survey, situated ln.Willi emson County. Texas; being a 'portioWof. certain .0.50 acre tract conveyed to 111111am D. 'Howe. by % deed recordee.,in Votume , ... 780, Page 275 of the Deed Records of said County,•being.more paeticZaarlyc '.'(•:!`•. described by metes and .bounds as follows: • ' ' j* • •fl . '"or • :.;.• • . • • .' BEGINNING FOR REFERENCE at an iron pin found at a.-fence corner postbeing the Northwest corner of a .140.22 acre tract conveyed to said*yilliain 1),I(owe by .deed recorded in Voltane 283,9, Page 533 of the Deed•Reeords.of'Travis' CoUiity;:lexaS,,.. '.. being the Southwest corner 'of said 0.50 acre; thence' along'the-fenced South •line of said 0.50 acre, being the north. 1 Inc of 'said 140.22 acres, the following •two . . (2) courses: . . . ' 1) 1189'36'10E, 480.45 feet; .; 2) 076 179.29 feet to an iron pin set, being the Southwest'corner and PONT OF 13EG111111NG of the hereinafter described, 0.085 acre (1RAC1 01(E);• • •• 1 . .. THEnCE departing said fence line, in a northerly direction, being the West line hereof. N01°34'20E . 29.53 feet to en iron pin set in the North line of I N said 0.513 -iFFEFiFT:-Mniil7-cginal South margin of Gattis SchOol Road' : • (County Road No. 168), being the northwest corner hereof.; • 144:, ,, :. , the - north line hereof, .1175°19 . , - feet to an iroiroin. set in a - ..••••• • 111ENCE along Said South margin, being Lhe nerthIine'of said 0:502facre,‘ being • North line of said 140.22 - icreiTET:iiiii - The - ii6Tifliast corner hereofe,e4:' ' • THEnCE along a north lin eac e of said 140.2ris",*:being.'.ihe'East Th eereof, .. -.1: 'South, 32.16 feet to an iron rebar found: at,i;tfences post,,.being,tari angle. point ..:•-• in the North line of said 140.22 acres ancl point. In the Sokth 1 Inc of said acre, being the Southeast corner!heeeof; ' ' i . , • ' '. ''.%'/:;:',.".' ' '': .;- , , ., 411 , .• • • • . ' ' • • THENCE along the fenced South line of said.:0.„50'icre, being the North line of. • . said 140.22 acres, being the South line . hereof,'.576'36'10"W, .124.31 feet to the POW OF BEGI11111NG of the herein describeetract of land containing acre o _ • r '3705 square feet of [mire or less. ' land ,,.. • .4... . ,• • • ! . . • . • • . • .-• . • , • ••••••” . , . . • ' • VOL 1203 Pi4C 404 , . ...:',;,t - -' , ., 1, • . .,. - :) , ,i.*, .. , .. • . ... • .., .4kk;;: , • FIELD NOTES describing 0.78 Acre° of Innd out of and a port of. ther.Samuel;• icnkina Survey, situated in Willinmson Cnunty, Texas, Said tract ,..: being more.particularly an being portions of that certnigi"140.21 ncre tract of land that vai conveyed to Ilpy, Woytek by deed of....reroidzin . ' ..-?:. Volume 742, Page 446. of the Williamnon Cnunty,Texas Deedllecutdati4id. tract being more fully described by-metre 'and%bounds as follow , • . i • . • •• ' !" ' ' '• BEGINNING at a point. for the aoutheost enrner of-tha 0.78 ncr Criict herein described, and from which point the most easterly southeast' corner .: :....: of iaid 140.22 acre'tract bears.the fo3l717g tvo (2) . 1. s 320-48, E 273.97 feet; . .. 2. 17 39 - 26' E 871.83 feet; • _ . . ' ... . ' • . . IMENCE S 64 15' W 262.87 feet. to n point for the southwest the: ' • • 0.78 acre tract herein described; THENCE with the northveet line of this tract, along • curve to ilieright , whose radius is 21002 feet, a eub-churd bears N 24 08' E a'dietance of . 263.62 feet to a point at the end of.enid.eurve; ' .%'.-x...' • ;:1,3:.f,. .,....., . . THENCE continue with the north line of thip.•,tract N 63 E 6D:14;jeet .: : •.,, • to a point for the northeast corner of:the10:18 acre'tract'heidaleacriked:. THENCE S 32 48' E 172.0 feet to the' pl a Cen 8 EGINiiI14; C0ntVali$1311 an acre of land. ''''X '• • "Z - . .. .. , ,• , i • g ikr . ■iinbalams•aaemeS:i • • • EXHIBIT "Al 0 .:. • • EXHIBIT L PAGE 1 • . • • " - 1 • • • •• •`: . -,:1,:.:!;;4;44404a.WAVV4401W1 ;Jo /. �. __.. �C'x.::'l•Y1u.,.:..m...L1.. «.. w v , w1 , 11 , 4...1 1101110 C(V!.� ?1 . c c�; ;:., • r g vol1O7L41 E:EING 126,68 ACRES OF 1 AND 7N THE SAHLIFI .IFNF(7NS SLIRVFY,' TN. WILiTAMSOW,AND4,4 TN. . TRAVIS COUNTY. TEXAS. SAM SLIRVFY RUNG ARSTRACT :%17 7N'W74SAMSON { COUNT•Yi � AND ABSTRACT' NO. 110 TN TRAVIS COUNTY. 1 AID TRACT RFXNC' OLIT''OF.`AND`.'A' :PART•, T' ?, OF PARCELS OF !AND KNOWN AS TRACT NO. 1 AND TRACT NO. 7 RY TO WILLIAM DEAN HOWE. AND F:FING OF RECORD 7N VOL.LIMF 7839, '-AT PAGE'533, DEED RECORDS OF SAID TRAVIS COUNTY, TEXAS F;URVFY,FD• ON. THE. RRDIIND',FtY RALEIGH'..? .. JAMES OCHOAr REGISTERED PURL IC SURVEYOR ND, 1226,-AND RF7NC`MORE PARTICLIlARI.Y DESCRIE:ED AS FOLLOWS: , E:ECINNINC at an iron Fin spt in i.h. rpntpr) ine of I:atti s Srhnnl' Rnad, for the Northeast corner hereof and of raid Trart No. 7) • THENCE. continuinc with'the Fasten. line.herenf, S 00des 7R' 00''F, at 27.00'; feet pass ari iron Fin set on the Southerly richt -of -way )trip rtf'said Road, 3901.23 feet to an iron pin found for the' - Southeast corner ' THENCE. leavinc said line and enntinuinr. the Southerly line hereof, N 89dec 99' 55' Wr 3821.27 feet to. an irnr.`,rin'four.d for the ' Southwest corner hereof; • THENCE. leavinc said line and rnrrt. iru. inu '`'uith..t•he`West.pr)w'')'ine hereof. the follouinc seven (7) and'distar.rps,' 1). N OOdec 13' 10' F. 806.59 feet'. an'irnn,pin fnindr..: ' 2). N 11des 32' W. 999. R7 feet''��t:n fnund. 3). N 09der. 07.' 55' Fr 567.70 fee'elfr`ari' ir•br.'pir. fOi.rid 1).- $ 89dec 08' 10' Fr 309.95 feet :An an.iron pin•fciiir.d. 5). N 00dec 1S' 00' Fr 800.07 feet'•'tn an iron pir.`fnund. 6). N 39doe 76' 75' Fr 503.99 feet' to an i'rnn pin found,. 7). N 19dec 50' 00' W, at :57.15,,feet pass an.irnn`'pi'n.found • •' or., the Southerly ri cht -of -way line of sai d• rned, 1 60.•00'' fpti:'to"Ari' i rnn • pin set in the cer.ter)ir.e nf raid road fnr'.the NorthwpFt THENCE.. leavinc said )irie and rnr.tinuir.r:with the renterlirp of said road. cane beinc the Northerly line hprenfr the : fn))nwir.p tun (7)rnursps.ar.d distances. 1). N 75dec 05' 00' Fr 300.00 feet an iron pir. set, 2). S 79dec 32' 90' Fr 699.97 feet to the TRLIF POINT OF RFGINNINS and containir.c within said boundaries i76.6R acres nf )and. SAVE AND EXCEPT that certain 8.06 acres as set forth on Page 2 of this Exhibit '!A ". • ; VOL iO I1PAGE6JO Field Notes describing acr =out of'and a part•of ,the Samuel Jenkins Survey, in Williamson:'and Travis Counties,'Texas,. said (B.06 acre)tract being more particularly described has- being'a portion of those certain tracts of land.described'as Tract'No.1 and No.2 in a deed to William Dean Howe, of record in-Volume .2839,•Page • 533 of the Travis County; Texas Deed•Records,•said:8.06•acre tract being more fully described by metes and boundgas follows; :;` -`• Nt ; BEGINNING at a steel'pin set in the south line 'Gattis "scheol' , Road for•the northeast corner of the 8.06•:.acre•tract herein-.described,' said point being at the end of a curve-, and•fron, which point the- ` corner of said Tract No.2 bears f ;courses; 1. S 78' -34'E 548.23 feet; 2. N 00' -28'W 30.66 feet; • . ' • THENCE leaving said. 'Gattis School Road' and with an east line of this survey S 05' -37'W 2'435.15 feet to 8.steel pin set for the most • easterly southeast corner of the 8.06 acre herein described;' THENCE S 86' -34'W 277.87 feet to a steel pin set for an interior corner of•the-8.06 acre tract herein described; THENCE S 0'3' -26'E 229.07 feet to•a steel pin set for the most southerly southeast corner of the 8.06 acre tract herein'described; THENCE S 86' -34'W 200.00 feet to a steel'.pig•se L • t3 outherly southwest corner of the 8.06 acre tra herein described; ' THENCE N 03• -26'W 279.07 feet to a steel pin set fo ' anI:irit'erior corner.of the 8.06 acre tract herein described; . THENCE 86' - 34'W 150.0 feet to a steel• pin set for a•.southwes.t • corner of the 8.06 acre tract herein described; :;r;,; •:, THENCE N 44' -1B'W 620.14 feet to a steel pin set for the most westerly southwest corner of the 8.06 acre tract herein described; THENCE N 09' -34'E 153.28 feet to a. steel • pin set for the most westerly northwest•corner of the 8.06 acre tract herein described; THENCE S 89' -45'E 323.79 feat to a steel pin'set for a'corner of the 8.06 acre tract.herein described; THENCE S 00' -15'W 355.0 feet to a steel pin set for'a•eorner of the 8.06 acre tract herein described; THENCE with a. north line of this survey the following two (2) ,courses• 63' -24'E 486.19 feet; _ • - V.:1441_,86'.-34'E 235.20 feet to a steel pin set for a corner of. the :.• 8,`•06 ,acre tract herein described; - • - THENCE.N 05' -37'E 2395.56 feet to a point in the curving south :line of the above said Gattis School Road•for the most northerly : corner of the 8.06 acre tract described; THENCE with the curving south line of'said road', along a curve to the right, whose Radius is 623.87 feet',,a sub -chord bears S 80' - 52'E a distance of 50.09 feet to the place of BEGINNING containing 8.06 acres of land. • EXHIB1 E PAGE a of als EXHIBIT.L PAGE 14•. • • 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. 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; TEHNCE, 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 cernin 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, a]ong 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 pig 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 f 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 in 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 most westerly N.W. corner hereof; Job No. S 2019 - 20 Page 1 of 2 EXHIBIT M PAGE 1 Steger E Bi33ell, inc. comiutrINO E14011PE001 - LUBVCTOPO P 0 80% 0..1 • OEOPOETOWN. T% >G°1E THENCE S 86 12' 30" E, 309.46 feet co an iron pin found at a fence corner marking the S.E. ,.orner of the said 2.04 acre tract, an interior corner of the said 38.21 acre tract, for an interior corner hereof; THENCF 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 naal 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 18.94 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 1 COUNTY OF WILLIAMSON 1 1, 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 show:, hereon, there are no apparent discrepancies, apparent conflicts, shortages in area, encroachments, itnprovements, overlapping of improvements, set -hack 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 rhere 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 Job No. S 2019 -20 Page 2 of 2 ered Put }1f Sta£e o KNOW ALL MEN BY THESE PRESENTS: EXHIBIT M PAGE 2 Steger t Bt33.511-. loo. CavaU*T,■O Crap NXE Iry — wnvrrowg P. 0 BOX es • oeOeeETOW,, TX Min. 1} * * * * * ** *USE LETTERHEAD OF ISSUING BANK * * * * * * ** City of Round Rock 214 East Main Round Rock, Texas 78664'' Gentlemen: 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]. EXHIBIT N Yours truly, [AUTHORIZED SIGNATURE OF OFFICER OF ISSUING BANK]