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Contract - Taylor Morrision - 6/26/2014DEVELOPMENT AGREEMENT AMENDMENT NO. 1 This amended Development Agreement ("Agreement") is made by and between the City of Round Rock, Texas (the "City") and Taylor Morrison of Texas, Inc., a Texas corporation (the "Developer"), both acting by and through the duly authorized agents. Recitals WHEREAS, the Developer and the City entered into a Development Agreement which was approved by the City Council on July 25, 2013 as Resolution No. R -13-07-25-H1; WHEREAS, the Developer has since contracted to acquire an additional 89.025 acres of land, bringing the total area of this agreement to approximately 501.14 acres of land, as described in Exhibit "A" (the "Property") attached hereto and made a part hereof, and WHEREAS, the Developer intends to develop the Property as a planned unit development ("PUD"), which shall include mixed residential and commercial uses (the "Project"); and WHEREAS, a Traffic Impact Analysis ("TIA") for the residential portion of the Project, prepared by HDR, Inc. and dated June 28, 2013 was accepted by the City; and WHEREAS, the TIA indicated the need for the construction of certain roadway improvements and traffic signalizations at a future date; and WHEREAS, the City and the Developer desire to co-operate and co-ordinate the construction of these traffic improvements through this Agreement; and WHEREAS, the City and the Developer further desire to co-operate regarding the timing and installation of utilities, including the construction of water and wastewater lines as described herein; and WHEREAS, the Developer is in the process of negotiating the release of a Certificate of Convenience and Necessity from the Jonah Water Special Utility District ("Jonah"); NOW THEREFORE, in consideration of the mutual covenants and agreements made herein, the Developer and the City do hereby agree as follows: Article 1 City Responsibilities 1.1. Waterline Construction. The City shall be solely responsible for all costs related to the construction of two 36" waterlines servicing the Project, shown as University Boulevard 36 -inch Waterline Phase I and 36 -inch Waterline Phase II on Exhibit "B", attached hereto and incorporated herein. Avery North (Vizcaya) Agreement Amendment 6-6-14 R-2014-1510 1.1.1. Phase I Waterline. The Phase I waterline, running along University Boulevard from west of FM 1460 to the future right-of-way of Arterial A, will be designed and constructed pursuant to the Capital Improvements Schedule as shown on Exhibit "C", attached hereto and incorporated herein. 1.1.2. Phase II Waterline. The Phase II waterline, running along the proposed right- of-way for Arterial A, from CR 112 to University Boulevard, will be designed and constructed pursuant to the Capital Improvement Schedule shown on Exhibit "C". 1.1.3. Platting and Permitting Schedule. Except as stated below, the City will not permit the issuance of building permits for the Project until after the Phase I waterline is complete. The Developer remains responsible for the installation of all internal dual waterline feeds within the Project, as required by City regulations and the City Fire Code. If a subdivision is dependent upon the Phase II waterline to meet the dual water line feed requirement, a connection shall be made to said line upon its completion. If the Developer thereafter fails to satisfy the dual waterline feed connection requirement within a reasonable period of time, as determined solely by the City in its reasonable discretion, the City shall have the option to cease issuing permits and certificates of. occupancy for portions of the Project affected by such connection requirement until this connection is made. Building permits may be issued for up to six (6) model homes and an amenity center, contingent upon compliance with all applicable conditions in Section 10-51 of the City Code of Ordinances. 1.2. Wastewater Line Construction. The City shall be solely responsible for the design and construction of two wastewater lines serving the Project; shown as MCC3 Wastewater line Phase I and MCC9 Wastewater line Phase II on Exhibit `B". 1.2.1. Phase I Wastewater Line. The Phase I wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit «C,9 1.2.2. Phase II Wastewater Line. The Phase II wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit "C". 1.3. Reuse Waterline Construction. The City shall be responsible for the design and construction of an eight -inch (8") purple pipe reuse water line ("Reuse Line") from a point outside of the Project to a point in the south side of the University Boulevard right- of-way at an agreed upon location south of the Project. The City, and not the Developer, shall be responsible for acquiring any and all easements for the Reuse Line outside of the Project. 1.4. City's Failure to Provide Utility Service. If the City is unable or unwilling to design and construct the waterlines and wastewater lines as stated herein, the Developer's sole remedy is as follows: ►Q 1.4.1. Water and Wastewater Lines. If the City fails to complete construction of either phase of the waterlines, or wastewater lines, then Developer may proceed with the construction of any phase of said waterlines and/or wastewater lines at its cost. 1.4.1.1. The City shall reimburse said costs, contingent upon receipt of verifiable invoices directly relating to the design and construction of the water and/or wastewater lines. The Developer shall allow the City full access to records to verify said expenditures. . 1.4.1.2. The City's reimbursement shall be paid pursuant to the Texas Prompt Payment Act, as stated in Chapter 2251 of the Texas Government Code. 1.4.1.3. The City's reimbursement is contingent upon the City's final approval of design plans prior to bid award, compliance with all of the City's inspection and permitting requirements and the City's acceptance of said line(s). The construction contracts must be bid and awarded pursuant to the Texas Competitive Bidding Act, as stated in Chapter 252 of the Texas Local Government Code. 1.4.1.4. The City will grant all permits and approvals required to allow construction of the Phase I waterline, Phase II waterline, Phase I wastewater line and Phase II wastewater line, as necessary to allow timely completion of those facilities pursuant to standards and requirements comparable to those applied to other similar facilities in the City. 1.4.2. Wastewater Line. If the City fails to construct the wastewater line as provided for herein, the Developer shall have the right, in addition to the rights stated above, to implement a "pump and haul" system delivering the wastewater to the City's nearest manhole. The City will accept wastewater from the Project, provided it meets all state and local requirements. All costs associated with the "pump and haul" process shall be reimbursed by the City, following the procedures listed in Section 1.3.1, above. 1.4.3. Reuse Waterline. If the City does not install the Reuse Line, as described in Section 1.3 above, the Developer shall be authorized to use potable water in the reuse lines until such time that the Reuse Line becomes available, so long as the Developer installs a backflow preventer to avoid cross contamination of the public water supply. Such temporary use of potable water in the reuse lines shall not be subject to water impact fees. Meter fees and other charges will be applicable pursuant to City Code. 1.5 Traffic Signalization. The City shall be responsible for designing and constructing all traffic signals depicted on Exhibit "D". The signals at University Boulevard and Road A and at A.W. Grimes and Road C shall be constructed when warranted. The signal at University Boulevard and Road B shall be installed as soon as possible after residents 0 are living within the Project. However, pursuant to State law, this signal will not become fully functional until warrants are met. Article 2 Developer Responsibilities 2.1 Project Schedule. The Developer intends to commence construction and development of the Project in 2013. It is estimated that the total build -out of the Project will be complete in 2023. 2.2 Jonah CCN. The Developer has obtained a CCN release and transfer from Jonah. The City is responsible for filing the paper work and obtaining a release from the Texas Commission of Environmental Quality ("TCEQ"), once the Developer has obtained the release from Jonah. Once the release from Jonah has been finalized, the Project may proceed forward through the development process and approvals/permits are not contingent upon the TCEQ release. 2.3 Water and Wastewater Lines. The Developer agrees that if the Developer opts to construct the water and wastewater lines as stated in Section 1.3 above, the Developer will fully comply with all of the requirements listed in Section 1.3. Developer acknowledges that it must comply with all requirements of the City Code regarding extension of utilities to additional properties other than the Property itself. The parties agree to enter into a reimbursement agreement if the City requires the oversizing of any lines connecting to additional property outside the Project above and beyond Code requirements. 2.4 Reuse Water Line. The Developer shall pay a fee of $232,411.20 to the City in lieu of construction of any reuse lines located outside of the Project. Developer agrees to pay this amount to the City within ten (10) days after receipt by Developer of a written request from the City. The Developer shall not be responsible for reuse lines located outside of the Project. The Developer shall not be responsible for any fees related to reuse water for the Project, including any future impact fees for reuse water for the Project. 2.5 Road Construction and Phasing. The Developer agrees to the following road construction and phasing schedule. 2.4.1 Parcels 1 and 2. Prior to the issuance of any building permits for single family residences to be constructed within Parcels 1 and 2, as shown on Exhibit "D", attached hereto, (except for building permits allowing the construction of up to six (6) model homes), the Developer shall construct, and the City shall accept, a Primary Road at the location shown as either Road A or Road B in Exhibit "D". This Primary Road shall be constructed pursuant to City standards. Any deviations from City standards must be approved in writing and in advance of construction by the City's Transportation Department. For purposes of this Agreement, the term "Primary Road" shall mean and refer to a road which is either a major M collector road or residential collector road, as those terms are utilized in the TIA. 2.4.1.1 All -Weather Road — Parcels 1 and 2. Prior to the issuance of any building permits for single family residences to be constructed within Parcels 1 and 2, as shown on Exhibit "D" (other than permits for up to six (6) model homes), the Developer shall construct an all-weather road, pursuant to the requirements as stated in the City Fire Code, in addition to the access described in Section 2.4, at the location shown at either Road A or Road B in Exhibit "D". The all-weather road may be utilized as a secondary access until and through the issuance of 125 building permits in Parcels 1 and 2. The 126th building permit will not be issued until the all-weather secondary access is converted into a second primary road, constructed pursuant to City standards, and accepted by the City, at a location acceptable to the City Transportation Department. 2.4.2 Parcels 3, 4 and 5 Road Construction. The primary roads shown as Roads A and Road B shall be constructed, and accepted by the City, and connected at the locations shown on Exhibit "D" prior to the issuance of any building permits within Parcels 3, 4, and 5, as shown on Exhibit "D". 2.4.2 Parcels 32, 33, 34, 35 and 36. Prior to the issuance of the 126th building permit for single family residences to be constructed within Parcels 32, 33, 34, 35, and 36, as shown on Exhibit "D" attached hereto, a Primary Road connecting to CR 111 (Westinghouse Road), as shown in Exhibit "D", shall be constructed and accepted by the City. This Primary Road must connect to the roadway network described in Section 2.4.2 and substantially conform to Exhibit "D". The road shall be constructed pursuant to City standards. Any deviations from City standards must be approved in writing and in advance of construction by the City's Transportation Department. For purposes of this Agreement, the term "Primary Road" shall mean and refer to a road which is either a major collector road or residential collector road, as those terms are utilized in the TIA. 2.4.3 Additional Parcels. No building permits will be issued for single family residences within parcels other than Parcels 1-5 without full compliance with the conditions stated herein. Additionally, a Primary Road must be fully constructed and accepted by the City, if contiguous to or contained within the boundaries of each separate final plat prior to the issuance of building permits within each final plat. Notwithstanding Section 2.4.1 above, up to 125 building permits may be issued utilizing two points of access, one of which must be a public road built to city standards and accepted by the City and the other may be an all-weather road. The 126th building permit may not be issued until a second public street to provide access is constructed to City standards and accepted by the City. 5. 2.4.4 Traffic Signalization — Road B. Developer agrees to pay the City 100% of all costs related to the design, construction and other related costs to install the Traffic Signal at University Boulevard and Road B. Design shall commence as soon as practicable after the receipt of payment from Developer. The current estimate of said costs is $20,000 for the design and $220,000 for the construction. Developer has paid $20,000 for design to the City. Developer agrees to pay the amount for construction to the City within ten (10) days after receipt by Developer of a written request from the City. If the final bid or any change orders are approved by the City regarding the installation of the Signal increase the cost, Developer agrees to pay 100% of said bid amount or change order amount within ten (10) days after receipt of a written request for the same. 2.4.5 Turn Lanes. Left turn lanes on University Boulevard at the intersections with Roads A and B, as shown on Exhibit "D", must be constructed by Developer prior to the issuance of the 500th building permit within the Project, if said turn lanes have not been previously constructed by Williamson County or any third party. 2.5 Fire Station Site. The Developer agrees to dedicate to the City approximately three (3) acres of land, as indicated on Exhibit "D", for use as a fire station. The dedication of the land shall occur prior to the recordation of the final plat for the 6001h residential lot within the Project. Article 3 Miscellaneous 3.1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions of this Agreement. 3.2 Dispute Resolution. In the event of any dispute among the Parties, the Parties agree to work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the Developer's project timelines. The Parties agree that time is of the essence in this matter. 3.3 Representations and Warranties. The City represents and warrants to the Developer that this Agreement is within its authority, and that it is duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Developer represents and warrants to the City that it has the requisite authority to enter into this Agreement. 3.4 Default. If either the City or the Developer should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a period of thirty (30) days to cure such default, provided, however, if the nature of the default does not involve the payment of money and is such that it cannot be reasonably cured within thirty (30) days, then the on defaulting party shall have such time as is reasonably necessary to cure the default so long as the cure is commended in thirty (30) days and diligently pursued to completion, prior to instituting an action for breach or pursuing any other remedy for default. If the defaulting party remains in default after notice and opportunity to cure, the non -defaulting party shall have the right to pursue any remedy at law or in equity for the defaulting party's breach. 3.5 Attorney's Fees. In the event any legal action or proceeding is commenced between the City and the Developer to enforce provisions of this Agreement and recover damages for breach, the prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and expenses incurred by reason of such action, to the extent allowed by law. 3.6 Entire Agreement. This Agreement contains the entire agreement between the parties. This Agreement may only be amended, altered or revoked by written instrument signed by the City and the Developer. 3.7 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. 3.8 Assi ng ment. The obligations of Developer hereunder shall run with the land. The Developer may assign all or part of its rights and obligations to a third party without the written consent of the City, so long as the assignee has the financial ability and development experience to perform the obligations of Developer hereunder. 3.9 Amendment. This Agreement may be amended by the mutual written agreement of the parties. 3.10 Termination. The City may terminate this Agreement if the Developer has not filed a final plat within five (5) years after the Effective Date. 3.11 Notice. Any notice and or statement required and permitted to be delivered shall be deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses: Developer: Taylor Morrison of Texas, Inc. Attn: Adib Khoury 11200 Lakeline Blvd. Suite 150A Austin, TX 78717 Ph: (512) 532-2115 City: Steve Norwood, City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 Ph: (512) 218-5400 Fx: (512) 218-7097 7. With a copy to: City Attorney 309 East Main St. Round Rock, TX 78664 Ph: (512) 255-8877 Fx: (512) 255-8986 Either party may designate a different address at any time upon written notice to the other party. 3.12 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, however its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any party. 3.13 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws of the State of Texas and venue shall lie in Williamson County, Texas. 3.14 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, it is the intention of the parties that the remainder of this Agreement shall not be affected. It is also the intention of the parties of this Agreement that in lieu of each clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 3.15 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 3.16 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges, or causes of action upon any third party. 3.17 Exhibits. The following Exhibits are attached and incorporated by reference for all purposes: Exhibit "A" Property Description Exhibit "B" Utilities Locations Exhibit "C" Utility Capital Improvement Schedule Exhibit "D" Primary Road Locations 3.18 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture 8. among the parties. The City, its past, present and future officers, elected officials, employees and agents of the City, do not assume any responsibilities or liabilities to any third party in connection with the development to the Project or the design, construction or operation of any portion of the Project. 3.19 Force Majeure. If, by reason of Force Majeure (as . hereinafter defined), any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party shall give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; lightning; fires; hurricanes; storms; floods; or other natural disasters or other causes not reasonably within the control of the party claiming such inability. 3.20 Effective Date. This Agreement becomes effective when signed by the last party whose signature makes this Agreement fully executed. IN WITNESS WHEREOF, DEVELOPER AND THE CITY have executed duplicate counterparts to effectuate this Agreement to be effective as of the last date of due execution. Attest: TAYLOR MORRISON OF T S, INC. Its: VP T I M ?0 W ELL-. . VP Date: C - Z C - � :4 THE CITY OF ROUND ROCK, TEXAS By: (?/T? Alan McGraw, Mayor City of Round Rock, Texas Date: Ga Sara White, City Clerk ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF rl ro v' S �. This instrument was acknowledgged before me on this the 20 day of e , 204 by of Taylor Morrison of Texas, Inc., on behalf of said corporation. DUSTIN ESTETTER Notary Public, State of Texas My Commission Expires April 13, 2015 Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the 26_� day of 201 by Alan McGraw, Mayor, on behalf of the City of Round Rock, Texas. EEut-' SARA LEIGH WHITE MY COMMISSIQN EXPIRESNotary Public, State of Texas w JUIy 11, 2016 10. 223.361 Acre Tract Pagel of 7 DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/2" iron rod with 'Baker-Aicklen' cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of -the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof, THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof, THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a 1/2" iron rod with 'Baker-Aicklen' cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof, THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to E IT 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46106" E for a distance of 30.96 feet to a V2" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 S. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a z/2" iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof, THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: I . N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a i/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a '/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a F/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a '/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a '/s" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a'/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof; 2. N 69°03'46" E for a distance of 269.68 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervisionthe undersigned during May, 2013: Parker J. Grahan/ Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTHWETES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc LEGEND O IRON ROD WITH "BAKER-AICKLEN CAP SET 1 _ l� - ® IRON ROD WITH CAP FOUND ® 112" IRON ROD FOUND COUNTY ROAD 186 O f ® NAIL FOUND 9 QFP FENCE POST FOUND I 8 I / O 191.444 ACRE a aoo aoo O A CALCULATED POINT I 5 6 l TRACT / 4 024L2 L3 L4 ORIGINAL SCALE 1" = 800' _ POINT OF I< ci Lu N p 1 BEGINNING U � 0 }}.. L25 L26 L27 L28 L29 L30' L31 I coU) ,QLl�oa'UOZ uj Lu rcn�Yzz0 I 14 `_° Q�V'ON :Rw z<Z .-.1 I LLIILc0-0U Z Oz❑LuUO I-=o0wn 21— W2 —(b coU)CV zw'O 8CL 0¢ <<' 1 — --- FP 2Lu w,z<Z cn UO °' 0zQLUUO ❑ �_ L8 z LLl 2 u- co) z 2 L21 SUBJECT TRACT L15 L14 � O a -r U O Q L20 223.361 ACRE U) U 0❑ L19 L11 z L18 L16 L12 L10 L17 _- UNIVERSITY BLVD. JOsEIPH M077 SURVEY AB sTRAC'T NO - 4-'7 ' BAKER-AICKLENRoSOuN7 OWESRcCrE AS= ,TE�7s564 AVERY NORTH R & ASSOCIATES, INC. `5151Z4�6= ZONING EXHIBIT AREA 1 ENGINEERING FIRM # F45 I sLRIC=M IMS E I L �SURVEY FIRM#11=31.0 223.361 ACRES R>311ND ROCK E#7757 PAGE 5 OF 7 PROJECT N0.2173-2-001 W:IPROJECTSITAYLOR-MORRISON AVERY NORTH\DWG ZONINGITM-ZONING-AREA l.dwg [PAGE 6] Juiy 08, 2013-12:38pm LINE TABLE LINE NO. BEARING DISTANCE L1 N24918'59"W 316.94' L2 N50°3344"E 184.07' L3 N46014'14"E 10.92' L4 N74028'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19048'09"E 368.64' L7 S20'38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20054'14"E 955.33' L10 S69018'39'W 507.18' L11 S75°16'13"W 100.46' L12 S70°32'01"W 400.06' L14 S78°20'10" V1! 101.05' L15 N88*25'38"W 26.96' L16 S20*11'51"E 49.95' L17 S69'46'03'W 3043.96' L18 N45625'02'W 120.01' L19 N30044'02"W 298.06' L20 N08051'02"W 118.06' L21 N40007'02"W 93.89' LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52'W 699.87' L25 N68'5629"E 1545.33' L26 N68"56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68050'39"E 260.12' L29 N6805451"E 271.11' L30 N6805629"E 213.37' L31 N68°57'08"E 103.53' �J BAKER-AfCKLEN &D7WEErUSER1YAVE AVERY NORTH ROUND RDCK,7EYAS 78664 r. ASSOCIATES, INC. (512) 24456ED ZONING EXHIBIT AREA 1 ENGINEERING FIRM#F-45 223.361 ACRES s" I sir I � L A _ano�ms suRveyFIRM#lc3=1,n ROUND RUrK THAE#1787 PAGE 6 OF 7 PROJECT NO. 2173-2-001 VY:11'KVJtU RAL AYLUK-MUKt([5UN-AVHKY NUK I HIUM ZUNINGUM-ZONING-AREA 1.dwg [PAGE 6] July 08, 2013 - SMam Q AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES.- DOC. NO. 2002071336, O.P.R.W.C.T. 2� SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30 MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. Q MAUDIE OLIVER STREETER- CALLED 1.16 ACRE -VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO, 9827796, O.P.R.W.C.T. 70 TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, Ill, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER-AICKLENRO�pa CwT�S7a G, AVERY NORTH ;)7lmk& ASSCCkATES, ]NC. (S12124�1 szo ZONING EXHIBIT AREA 1 ENGINEERING FIRM#F-45 223.361 ACRES E I Sous k GIS I FLN� I arm-nr NURVEYFIRM #1062316 ROUND ROCK 713Ae#1777 PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON•AVERY NORTHIDWG ZONINGITM-ZONING-AREAl.dwg [PAGE 7]July 08.2013-9:55am 191.444 Acre Tract Page 1 of 8 DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF: A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN VOLUME 2711, PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF: -A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/z" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion, same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a 1/z" iron rod with "Baker-Aicklen" cap set for the northeast corner of said 2.694 acre portion, same being the southwest corner of said 4.8926 acre tract, same being the most westerly northwest corner of said 118.53 acre tract, for ah angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a '/i' iron rod with "Baker-Aicklen" cap set for a non -tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the are of a curve to the left, having a radius of 11901.20 feet, an arc length of 1529.32 feet, a central EXHIBIT 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner hereof; THENCE continuing through the interior of said 144.41 acre tract, N 68°57'13" E for a distance of 1711.38 feet to a 1/2" iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County, for an angle point hereof, THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53'18" E for a distance of 493.09 feet to a 1/i' iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof, THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre tract, the following eight (8) courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a 1/z" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract, for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S O5°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42107" W for a distance of 267.37 feet to a fence post found, for an angle point hereof, 5. S 06°55'57" W for a distance of 577.76 feet to a fence post found, for an angle point hereof, 6. S 02°54'37' W for a distance of 4.18 feet to a fence post found, for an angle point hereof, and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 8. S 22°27'01" E for a distance of 151.38 feet to an iron rod with cap found for the southeast corner of said 118.53 acre tract, same being the northeast corner of a called 53.02 acre tract of land in deed to Charles N. Avery, III, Et. Al., recorded in document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the south boundary line of said 118.53 acre tract, same being the north boundary line of said 53.02 acre tract, S 74°28'37" W for a distance of 1901.33 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 118.53 acre tract, same being an angle point on the north boundary line of said 53.02 acre tract, same being the southeast corner of said 3.79 acre tract, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. S 46°14'14" W for a distance of 10.92 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, and 2. S 50°33'44" W for a distance of 184.07 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set for the southwest corner of said 3.79 acre tract, same being the northwest corner of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, for an angle, point hereof; THENCE with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, S 24°18'59" E for a distance of 316.94 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the south boundary Iine, of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, the following two (2) courses and distances: 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle point hereof, and 2. S 68°56'29" W for a distance of 51.12 feet to a 1/2" iron rod with 'Baker-Aicklen" cap set for the southwest corner of said 2.694 acre portion, same being the southeast corner of a called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, for an angle point hereof; THENCE with the west boundary line of said 2.694 acre portion, same being the east boundary line of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a 1/i' 191.444 Acre Tract Page 4 of 8 iron rod with 'Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract, for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract, in part with the north boundary line of said 1.16 acre tract, in part with the north boundary Iine of a called 1. 16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County, the following three (3) courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a a/i' iron rod with 'Baker-Aicklen' cap set, for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a 1/a" iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 3. S 67°32'56" W for a distance of 808.77 feet to a 1/z" iron rod with 'Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a 1/z" iron rod with 'Baker-Aicklen' cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545,33 feet to a 1/2" iron rod with 'Baker-Aicklen' cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, N 21°01'52" W for a distance of 1116.55 feet to a 1/z" iron rod with 'Baker-Aicklen' cap set, same being on the south right-of-way line of County Road 186, for the most westerly northwest corner hereof; 191.444 Acre Tract Page 5 of 8 THENCE, with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a'/2" iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion, N 21°29'43" W for a distance of 31.58 feet to a '/2" iron rod with `Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three (3) courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a'/2" iron rod with 'Baker-Aicklen" cap set for an angle point hereof, 2. N 68644'40" E for a distance 'of 236.22 feet to a r/2" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, and 3. N 68°42'10" E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervi,5iQn of the undersigned during May, 2013: Parker J. Grahofb Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W.TROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT l ZONING\Avery North Zoning -Area -2-191.444 acre tract.doc LEGEND I , O IRON ROD WITH "BAKER-AICKLEN CAP SET ` 4 y L35 L36 0 IRON ROD WITH CAP FOUND 1 l ® 1/2" IRON ROD FOUND co A NAIL FOUND I , ti 0 y� ®FP FENCE POST FOUND U 10 SUBJECT TRACT d � o OU ID w ~ j 191.444 ACRE (00 10 w CALCULATED POINT + E- Q o z POINT OF 0OLoNU� BEGINNING L33� �—--------- 13- co o �OI–az COUNTY ROAD 186 L57 L58 L59 L60 L61 L34 FP -3 � Q 2 _ _ _ _ _ _ h — 9 I SAVE &EXCEPT v FP U o�-1 I 88 O 2.694 ACRES L89 FP ❑ O co IO I �\ 13 � ` L40 FP Fp FP L41 oho L54 51 L50 �- to L44 L43 42 Lu L45 Iaw Go ¢ vi C*4 LL ¢0.¢co rn0 I L55 n 3 5 6 L47 ¢Jago Lu C U �J O� L64 WO -00 . U z I–zce)0[LZ uj�T" I L48 14 ( cnc,�c�lz[�O LjLuLu T�_jz 0z0uj50 mw�z¢z oz❑LEVO I OZOW50 z�—1 MW M�� \ S�LLI�LL� cn d¢ O� — —�1 OQ�U ¢ z JOSEPH mor= SURVEY I z t ABSTRACT NO.. 427 I 0 400 800 LIBEFMAXIF— BAKER-AICKLEN 9D7WEST,,TEXAS78 ROUND RODIC,TEXAS 7Sfi64 AVERY NORTH ASSOCIATES, INC. (SIM 244 -SEM ZONING EXHIBIT ORIGINAL SCALE ENGINEERING FIRM*F-46 1"= n^ 800' »roma I -gL=vmrmzv I ats I P�Nmz. I SURVEYFIRM#1 0=3 1-0 191.444 ACRES ROUND RocklBAE#1787 PAGE 6 OF 8 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON AVERY NORTHIDWG Z0NINGITM-Z0NING-AREA2.dw9 [PAGE 6]July 06, 2013.1:07pm CURVE TABLE LINE NO. BEARING ARC CENTRAL CHORD CHORD CURVE NO, RADIUS LENGTH ANGLE BEARING DISTANCE C1 11901.20' 1529.32' 007'21'45" N24°16'08"W 1528.27' LINE TABLE LINE NO. BEARING DISTANCE L33 N66028'26"E 96.97' L34 N71 °29'15"E 403.98' L35 N68°57'13"E 1711.38' L36 N68°5TI WE 493.09' L37 S21 °23'57"E 1094.60' L38 S05°13'37"W 35.58' L39 806055'57"W 577.76' L40 S02'54'37"W 4.18' L41 S29°07'24"E 27.53' L42 S22°27'01"E 151.38' L43 S74028'37"W 1901.33' L44 846014'14"W 10.92' L45 S50'33'44"W 184.07' L46 S24°18'59"E 316.94' L47 S68057'45"W 52.41' L48 N24001'20"W 270.57' L49 S50"54'32'W 219.16' L50 862°06'02"W 271.55' L51 S67*32'56"W 808.78' L54 S21 °29'43"E 150.37' LINE TABLE LINE NO. BEARING DISTANCE L55 S68°56'29"W 1545.33' L56 N2101'52"W 1116.55' L57 N68"29'58"E .1536.25' L58 N21 °29'43"W 31.58' L59 N68039'10"E 334.16' L60 N68044'40"E 236.22' L61 N68°42'10"E 677.53' L62 S21 '26' 13"E 426.58' L64 S68056'29"W 51.12' FL65 S06042'07"W 267.37' RAKER-AICKLEN'" �"'�`""E AVERY NORTH ROUND ROCK,7EXcM 76664 ZONING EXHIBIT 6L ASSOCIATES, INC. (ST 23244620 E 9 NGINEERING FIRM#F-45 191.444 ACRES EN -I an [ ELMvLN 2 I ©15 I RAN.J L�A� 6URVEYFIRM #100231-0 ROUND ROCK TVAE#I7a7 PAGE 7 OF PROJECT NO. 2173-2-001 W.%PROJECTS{TAYLOR-MORRISON-AVERY NORTH%DWG ZONINGITM-ZONENG-AREA 2.dwg [PAGE 7] July 08, 2013-1:07pm Q AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 3� MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. 7Z. TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 9� CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. - 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14: CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. W9PROdECTS1TAYLOR-MORRISON-AVERY NORTHIDWGZONINGiTM-ZONING-AREA2.dwg (PAGE 81 July 08, 2013-1:07pm BAKER-AICKLEN SD7lNESYLt9ER1YAVE RDUND Rt1CK,TE7CA51766&4 AVERY NORTH ial a ASSOCIATES, INC. 151212449520 ZONING EXHIBIT ENSINEMMM MRM#F.45 191.444 ACRES �gaslHtm�voas lode IF slV rEx�-[�rnc ZRVEYFIRM #103231.0 R13UNDROCK TBAE#176 PAGE 8 OF 8 PROJECT NO. 2173-2-001 W9PROdECTS1TAYLOR-MORRISON-AVERY NORTHIDWGZONINGiTM-ZONING-AREA2.dwg (PAGE 81 July 08, 2013-1:07pm NOTES: 1. THE PROFESSIONAL SERVICES PROVIDED LEGEND: p Q` HEREWITH INCLUDE THE PREPARATION OF A DR DEED RECORDS OF WILLIAMSON COUNTY, TEXAS FIELD NOTE DESCRIPTION. OPR OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS �' oo• ILLIAMSON COUNTY 2, THE BEARINGS FOR THIS SURVEY ARE BASED OR OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS ON THE NORTH AMERICAN DATUM OF 1983 RIX RMAGW FOUND MAG NAIL WITH WASHER .i. NAD 83 (NA2001) EPOCH 2010.00, FROM THE HK HACKBERRY TREE TEXAS COORDINATE SYSTEM ESTABLISHED SITE 3. FOR THE CENTRAL ZONE. ADJOINERS ARE FOR INFORMATIONAL z PURPOSES ONLY, '.o; ; -Y Z GRAPHIC SCALE '' lXti 500' 0' 250' 300' i -; $ eN ....., k_:° COUNTY ROAD VV 1 inch = 500' P•�•C• LOCATION MAP g WEsn E ROAD FD. yj' I.R. FD. Y.' I.R. m a NOT (VARIABLE WIDTH RIGHT OF WAY) CZ N15'22'00'W -TO -SCALE S28.07'37'E �• 1' I.P. 4.89' 20.16' N Ll L2 L3 L4 a� = C1 S28'4O'07'E A CALLED 3.01 ACRE TRACT PLAY 77.01' 0.258 OF AN ACRE L5 A CALLED 5.468 ACRE TRACT SPORTSPLEX DRAINAGE EASEMENT OWNER: WILLIAMSON COUNTY, TEXAS L.P. P• •B• OWNER: WILLLAMSON DOC. NO. 2014004559 (O.P.R.) m DOC. NO. 2005003974 ZONING EXHIBIT COUNTY, TEXAS 0.194 OF AN ACRE N (O.P.R.) u) DOC. NO. 2014004560 DRAINAGE EASEMENT FOR O (O.P.R.) OWNER: WILLIAMSON COUNTY, TEXASN (0 A 89.025 ACRE, OR 3,877,948 SQUARE FEET N DOC. NO. 2014004560 (O.P.R.) o 10 MORE OR LESS, TRACT OF LAND, A PORTION N U) OFA CALLED 144.41 ACRE TRACT RECORDED ZONING EXHIBIT IN DOCUMENT NO. 2006112407F WILLIAMSON THE r 8 9 0 2 5 ACRES W A CALLED 23.65 ACRE TRACT OFFICIAL RECORDS OF OWNER: TRIPLE PLAY SPORTSPLEX L.P. Y,TEPUBLIC R TIONOF COUNTY, TEXAS, AND A PORTION OFA p DOC. NO. 2005003974 (O.P.R.) CALLED 4.8926 ACRE TRACT RECORDED IN 3 (3,877,948 SQUARE FEET MORE OR LESS) o DOCUMENT NO. 1996010694 OF THE OFFICIAL A CALLED 144.41 ACRE TRACT N RECORDS OF WILLIAMSON COUNTY, TEXAS, N OWNERS: JOHN S. AVERY SR. TRUSTEE 1 R (RPLS-2218 N SITUATE IN THE JOSEPH MOTT. SURVEY NO. —�"DOC No. 2006112407 to (O.P.R.) 427, IN THE CITY OF ROUND ROCK, TEXAS, WILLIAMSON COUNTY, TEXAS. to di A CALLED 38.069 ACRE TRACT zA CALLED 10.40 ACRE TRACT � OWNER: CITY OF 909 NW A 3PLEXLP. O) VOL 1970, PG. 7O.P.R.) FD. I.R. (8281) QISTQCT HO. 6277 DOC. NO200500 BE POST FD. Ye' I.R. BE . ,_.. SS 0255 ^• ..... . S68'57 13"W 1711.38' .� •_ FD. 36' I.R. 0",T H1.11,1t' riEF SHLFT 2 - ACALLED 144.41 ACRE TRACT A CALLED 1162.08 ACRE TRACT OWNER: JOHN. S. AVERY TRUST DOC No, 2006112407 OWNER: NELSON FAMILY PARTNERSHIP LTD. (O.P.R.) DOC. NO. 1998024078 (O.P.R.) pdPAPE-DAWSON ENGINEERS „ APRIL 8, 2014 SHEET 1 OF 2 Cbp„ighl h' 20W Pnpe-2+wpm nngi=m. Inr .411 Right, Rnervnl. REVISED' APRIL 10, 2014 JOB No.: 50803-00 Dote: Apr 10, 2014, 4:18pm Veer ID: VZurcAer FAe: A \survey\CIY1L\50803-00\ExA01h\BS5OW3-00—RevPUD.drg LOCATION MAP Nor I!)3C:/�lr LINE TABLE C0. ap. V ILLIMASON COUNTY T u N69'06'24"E SITE L2 V 7 300.54' L3 p Vivo" L4 N65'40'24"E, LOCATION MAP Nor I!)3C:/�lr LINE TABLE LINE BEARING LENGTH L1 N69'06'24"E 171,47' L2 N72'32'24"E 300.54' L3 N69'06'24"E 500,00' L4 N65'40'24"E, 300.54' L5 N69'O6'24"E 17.90' L6 N58'1 3'09"E 215.35' L7 S70'27'39"W 114.57' 1-8 575' 17'1 3W 7.68' L9 S71'54'42"Vl 281.91' 1. THE PROFESSIONAL SERVICES PROVIDED HEREWITH INCLUDE THE PREPARATION OF A FIELD NOIE DESCRIPTION, 2. TFIE BEARINGS FOR THIS SURVEY ARE BASED` ON THE NORTH AMERICAN DATUM OF 1983 NAD 83 (NA2001) EPOCH 2010.60. FROM THE TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE. 3. ADJOINERS ARE FOR INFOP,AtATIONAL PURPOSES ONLY, N 2601'59" W 224.16' A CALLED 38.069 ACRE TRA( OWNER: CITY OF GEORGETOW VOL 1970, PG. 497 (O.P.R.; N . 24!14"56" W 860.91' CURVE, TABLE CURVE RADIUS DELTA CHORD. BEARING CHORD LENGTH C1 4068.00' 10'53'19" N63'39'54"E 771.93' 773.09' C2 3932.00' 2'34'46" N59'30'48"E 177.01' 177.02' C3 11901,20' T21'53" S24'I6'08"E 1,528.72' 1529.77' 7.ONING hXIII RIT FOR A 89.025 ACRE. OR 3,87794R SQUARE FEET MORE Oil LESS TRACT OF LAND. A GRAPHIC SCALE: PORTION OFA CALL 1 D 1 14 41 ACRE TRACT RFC'ORDET) IN DOCUMENT NO: �: 0' 5-0 5, 2006113407 OF TIIF. OFFICIAL PUBLIC RECORDS OF WILLIAAIS(lN COUNT),. TEXAS, AND A PORTION OF A CALLI?I) 4.8926 ACRE TRACT RECORI7I:D IN DOCUMENT NO1996010694 OF THE OFFICIAL RECORDS OF WILLIMISON COUNTY, TEXAS. SITUATE: IN THE JOSEPI I MOTT, SURVEY NO. 427. IN TT IF. 1 Inch = SOO' CITY 01: ROUND ROCK TFXAS WILL IANISON COUNTY TEXAS FD. )r LR: FD; I.R. (BRASS -CAP A CALLED 144,41 ACRE. TRACT SDHPT _ 8436) OWNER: JOHN. S. AVERY TRUST n DOC No, 2006112407 m (O.P.R.) m o' p ZONING EXHIBIT 89.025 ACRES I (3,877,948 SQUARE FEET MORE OR LESS) LEGEND: j FD, Hp I.R. DR DEED RECORDS OF WILLIAMSON NAIL OPP COUNTY, TEXAS OFFICIAL PUBLIC RECORDS OF N 23'36'09" WACRE"TRACT A CA= -4.8926 A CALLED 81,733 ACRE -TRACT WILLIAMSON COUNTY, TEXAS ,OWNER: 425.51AND V20- RUBEN JOYCE OWNER: TAYLOR MORRISON OF TEXAS, INC. DOC No. 2013115650 W J m OP. OFFICIAL RECOR.DSOF WILLIAMSON GREINERT O.P.R.a g RIX RMAGW COUNTY, TEXAS FOUND MAG NAIL WITH WASHER DOC No. 1996010694 n [� j� p �JOO UWO� l! V IS if m NF a mom' Cl Ix HK HACKBERRY TREE (O.R.) v' 15�W �JV� �15 w L9 L8 L7 �0��a o e �,a f�fl e G��7 QQ84 ACT H(D. ACS FD: I.R. (BAKER) . U � �Z•• T�REMANINGON OF S26'24'48'E 18.23' .0� 0 A CALLED 28.76 ACRE' TRACT OWNER: RUBEN AND JOYCE GREINERT RIX RMAGW BAKER AICKLEN . s `�McF o o VOL 2711, PG. 151 .(D.q.) PAPE-DAWSON ' G E �i�ENGINEERS aeco ti 4®e99 y S1;r O� SHEET 2 OF 2 APRIL 8, 2014 r.m) �.-,�1.)r •r= +=.0 ;".��•n'lal h Hr�xr,. REVISED: APRIL 10, 2014 JOB NO.: 50803-00' Dot& Apr 14 2014, 1,39pm User ID: VZurcher Fpe: C. \U"rn\VZurch"\oppMo\loco!\temp\AcPubOsh_5912\BS50803—ODJtoWUD.dwg rjPAPE-DAWSON ENGINEERS LAND DEVELOPMENT ENVIRONMENTAL TRANSPORTATION WATER RESOURCES SURVEYING FIELD NOTES FOR A 89.025 acre, or 3,877,948 square feet more or less, tract of land, a portion of a called 144.41 acre tract, conveyed to John S. Avery Sr. Trust, recorded in Document No. 2006112407 of the Official Public Records of Williamson County, Texas, and a portion of a called 4.8926 acre tract, conveyed to Ruben Greinert and Joyce Greinert, recorded in Document No. 1996010694 of the Official Records of Williamson County, Texas, situate in the Joseph Mott Survey, Abstract No. 427, in the City of Round Rock, Texas, Williamson County, Texas. Said 89.025 acre tract being more fully described as follows, with bearings based on the North American Datum of 1983 (NA 2011) epoch 2010.00, from the Texas Coordinate System established for the Central Zone: COMMENCING: At a found 1/z" iron rod, the northwest comer of a called 5.468 acre tract, conveyed to Williamson County, recorded in Document No. 2014004559 of the. Official Public Records of Williamson County, Texas, a point in the. east line of a called 38.069 acre tract recorded in Volume 1970, Page 497 of the Official Public Records of Williamson County, Texas and a point in the south right of way line of County Road 11 l/Westinghouse Road, a variable width right of way: THENCE: S 28°07'37" E, along and with the west line of said called 5.468 acre tract and the east line of said called 38.069 acre tract, a distance of 20.16 feet to a found nail; THENCE: S 28°40'07" E, along and with the west line of said called 5.468 acre tract and the east line of said called 38.069 acre tract, a distance of 77.01 feet to a calculated point, for the POINT OF BEGINNING of herein described tract; THENCE: Departing the east line of said called 38.069 acre tract, along and with the south line of said called 5.468 acre tract the following calls and distances: N 69°06'24" E, a distance of 171.47 feet to a calculated point; N 72°32'24" E, a distance of 300.54 feet to a calculated point; N 69°06'24" E, a distance of 500.00 feet to a calculated point; AUSTIN / SAN ANTONIO / HOUSTON 7800 Shoal Creek Blvd., Suite 220 West Austin, Texas 78757 P 512.454.8711 F 512.459.8867 www.pape-dawson.com 89.025 Acres Job No. 50803-00 Page 2 of 4 N 65°40'24" E, a distance of 300.54 feet to a calculated point; N 69°06'24" E, a distance of 17.90 feet to a calculated point; Northeasterly, along a non -tangent curve to the left, said curve having a radial bearing of N 20°53'27" W, a radius of 4,068.00 feet, a central angle of 10°53'19", a chord bearing and distance of N 63°39'54" E, 771.93 feet, an arc length of 773.09 feet to a calculated point; N 58°13'09" E, a distance of 215.35 feet to a calculated point; THENCE: Northeasterly, along a non -tangent curve to the right, said curve having a radial bearing of S 31'46'35" E, a radius of 3,932.00 feet, a central angle of 02°34'46", a chord bearing and distance of N 59°30'48" E, 177.01 feet, an arc length of 177.02 feet to a calculated point, from which a found 1/2" iron rod bears N 15°22'00" W, 4.89 feet, the northeast corner of said called 5.468 acre tract, the northwest corner of a called 23.65 acre tract recorded in Document No. 2005003974 of the Official Public Records of Williamson County, Texas and a point in the south right of way line of the aforementioned County Road 111; THENCE: S 15°22'00" E, along and with the east line of said called 144.41 acre tract and the west line of said called 23.65 acre tract, at a distance of 1052.55 feet passing a found 1/2" iron rod, the southwest corner of said called 23.65 acre tract and the northwest corner of a called 10.40 acre tract recorded in Document No. 2005003974 of the Official Public Records of Williamson County, Texas, continuing along and with the east line of said called 144.41 acre tract and the west line of said called 10.40 acre tract for a total distance of 1556.52 feet to a found 1/2" iron rod, the southwest corner of said called 10.40 acre tract; THENCE: S 68°57'13" W, over and across said called 144.41 acre tract, a distance of 1711.38 feet to a calculated point; PAPE-DAWSON ENGINEERS 89.025 Acres Job No. 50803-00 Page 3 of 4 THENCE: Southeasterly, along a non -tangent curve to the right, over and across said called 144.41 acre tract, said curve having a radial bearing of S 62°02'55" W, a radius of 11,901.20 feet, a central angle of 07°21'53", a chord bearing and distance of S 24°16'08" E, 1,528.72 feet, at an arc length of 1,088.77 passing the south line of said called 144.41 acre tract and the north line of the aforementioned 4.8926 acre tract, continuing over and across said called 4.8926 acre tract for a total arc length of 1,529.78 feet to a calculated point, a point in the south line of said called 4.8926 acre tract and a point in a north line of a called 61.733 acre tract recorded in Document No. 2013115650 of the Official Records of Williamson County, Texas; THENCE: Along and with the south line of said called 4.8926 acre tract and a north line of said called 61.733 acre tract the following calls and distances: S 70°27'39" W, a distance of 114.57 feet to a 24" Hackberry tree; S 75°17'13" W, a distance of 7.68 feet to a 20" Hackberry tree; THENCE: S 71°54'42" W, a distance of 281.91 feet to a found I/2" iron rod with cap marked "Baker-Aicklen", the southwest corner of said called 4.8926 acre tract, a northwest corner of said called 61.733 acre tract and a point in the east line of the aforementioned 38.069 acre tract, from which a found Mag nail with Washer stamped "Baker-Aicklen" bears S 26°24'48" E, 18.23 feet; THENCE: N 23°36'09" W, along and with the west line of said called 4.8926 acre tract and the east line of said called 38.069 acre tract, a distance of 425.51 feet to a found 5/s" iron rod, the northwest corner of said called 4.8926 acre tract and the southwest corner of said called 144.41 acre tract; THENCE: Along and with the west line of said called 144.41 acre tract and the east line of said called 38.069 acre tract the following calls and distances: N 24°14'56" W, at a distance of 796.82 feet passing a found iron rod with brass cap marked SDHPT-8436, continuing for a total distance of 860.91 feet to a found %2" iron rod; N 26°01'59" W, a distance of 224.16 feet to a found bed post; ldPAPE-DAWSON ENGINEERS 89.025 Acres Job No. 50803-00 Page 4 of 4 THENCE: N 28°05'24" W, at a distance of 115.95 feet passing a found iron rod with cap marked 8281, continuing for a total distance of 1,422.70 feet to the POINT OF BEGINNING and containing 89.025 acres in the City of Round Rock, Williamson County, Texas. Said tract being described in accordance with an exhibit prepared under Job No. 50803-00 by Pape Dawson Engineers, Inc. PREPARED BY: Pape -Dawson Engineers, Inc. DATE: April 8, 2014 REVISED: April 10, 2014 JOB No.: 50803-00 DOC.ID.: H:\survey\CIVIL\50803-00\WORD\50803-00_RevPUD.docx TBPE Firm Registration #470 TBPLS Firm Registration # 100288-00 PAPE-DAWSON 1j ENGINEERS Froll, 10", X UNIVERSITY BLVD 7 36" WATER LINE PHASE 1 W, MCC9, WASTEWATER LINE z z N 4 6'M AA, I M �4 441, at w!" v FUTURE ARTERIAL "A" Iq A �77 MCC3 -1 A WASTEWATER LINE EXHIBIT vvBvv Path: O.\w.,ksp"c._cls\.Ublilias—vi.tkspaceltIAPSU0131N-6rth"stR6wdRackUiliges\NrRounRoeWlilnxd r 'PARCEL 159 36,- WATER LINE EXHIBIT vvBvv Path: O.\w.,ksp"c._cls\.Ublilias—vi.tkspaceltIAPSU0131N-6rth"stR6wdRackUiliges\NrRounRoeWlilnxd EXHIBIT "C" Northeast Round Rock Water Capital Improvements Schedule Project Name Length (L.F.) Proposed Hire Design Engineer Proposed Bid Opening Proposed Construction Completion University Blvd 36" Proposed Proposed Project Name Length (L.F.) Design Engineer Phase 1 4,200 May -13 Dec -13 Oct- 14 36" WL Parcel 150 21475 May -13 Dec -13 Oct- 14 McNutt Creek C9 Phase 2 6,500 Jun -13 Jan -14 Oct- 14 Northeast Round Rock Wastewater Capital Improvements Schedule Proposed Hire Proposed Proposed Project Name Length (L.F.) Design Engineer Bid Opening Construction Completion McNutt Creek C3 36" 21475 May -13 Dec -13 Oct- 14 McNutt Creek C9 24" 1 6,263 1 May -13 Dec -13 Oct- 14 • ELECTRONICALLY RECORDED 2014053684 Williamson County Texas DEVELOPMENT AGREEMENT AMENDMENT NO. 1 This amended Development Agreement ("Agreement") is made by and between the City of Round Rock, Texas (the "City") and Taylor Morrison of Texas, Inc., a Texas corporation (the "Developer"), both acting by and through the duly authorized agents. Recitals WHEREAS, the Developer and the City entered into a Development Agreement which was approved by the City Council on July 25, 2013 as Resolution No. R-13-07-25-H1; WHEREAS, the Developer has since contracted to acquire an additional 89.025 acres of land, bringing the total area of this agreement to approximately 501.14 acres of land, as described in Exhibit"A" (the"Property") attached hereto and made a part hereof; and WHEREAS, the Developer intends to develop the Property as a planned unit development ("PUD"), which shall include mixed residential and commercial uses (the "Project"); and WHEREAS, a Traffic Impact Analysis ("TIA") for the residential portion of the Project, prepared by HDR, Inc. and dated June 28, 2013 was accepted by the City; and WHEREAS, the TIA indicated the need for the construction of certain roadway improvements and traffic signalizations at a future date; and WHEREAS, the City and the Developer desire to co-operate and co-ordinate the construction of these traffic improvements through this Agreement; and WHEREAS, the City and the Developer further desire to co-operate regarding the timing and installation of utilities, including the construction of water and wastewater lines as described herein; and WHEREAS, the Developer is in the process of negotiating the release of a Certificate of Convenience and Necessity from the Jonah Water Special Utility District("Jonah"); NOW THEREFORE, in consideration of the mutual covenants and agreements made herein, the Developer and the City do hereby agree as follows: Article 1 City Responsibilities 1.1. Waterline Construction. The City shall be solely responsible for all costs related to the construction of two 36" waterlines servicing the Project, shown as University Boulevard 36-inch Waterline Phase I and 36-inch Waterline Phase II on Exhibit "B", attached hereto and incorporated herein. Avery North(Vizcaya)Agreement Amendment 6-6-14 R-2014-1510 1.1.1. Phase I Waterline. The Phase I waterline, running along University Boulevard from west of FM 1460 to the future right-of-way of Arterial A, will be designed and constructed pursuant to the Capital Improvements Schedule as shown on Exhibit"C", attached hereto and incorporated herein. 1.1.2. Phase II Waterline. The Phase II waterline, running along the proposed right- of-way for Arterial A, from CR 112 to University Boulevard, will be designed and constructed pursuant to the Capital Improvement Schedule shown on Exhibit"C". 1.1.3. Platting and Permitting Schedule. Except as stated below, the City will not permit the issuance of building permits for the Project until after the Phase I waterline is complete. The Developer remains responsible for the installation of all internal dual waterline feeds within the Project, as required by City regulations and the City Fire Code. If a subdivision is dependent upon the Phase II waterline to meet the dual water line feed requirement, a connection shall be made to said line upon its completion. If the Developer thereafter fails to satisfy the dual waterline feed connection requirement within a reasonable period of time, as determined solely by the City in its reasonable discretion, the City shall have the option to cease issuing permits and certificates of occupancy for portions of the Project affected by such connection requirement until this connection is made. Building permits may be issued for up to six (6) model homes and an amenity center, contingent upon compliance with all applicable conditions in Section 10-51 of the City Code of Ordinances. 1.2. Wastewater Line Construction. The City shall be solely responsible for the design and construction of two wastewater lines serving the Project; shown as MCC3 Wastewater line Phase I and MCC9 Wastewater line Phase II on Exhibit"B". 1.2.1. Phase I Wastewater Line. The Phase I wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit 1.2.2. Phase II Wastewater Line. The Phase II wastewater line shall be designed and constructed pursuant to the Capital Improvement Schedule shown as Exhibit"C". 1.3. Reuse Waterline Construction. The City shall be responsible for the design and construction of an eight-inch (8") purple pipe reuse water line ("Reuse Line") from a point outside of the Project to a point in the south side of the University Boulevard right- of-way at an agreed upon location south of the Project. The City, and not the Developer, shall be responsible for acquiring any and all easements for the Reuse Line outside of the Project. 1.4. City's Failure to Provide Utility Service. If the City is unable or unwilling to design and construct the waterlines and wastewater lines as stated herein, the Developer's sole remedy is as follows: 2. 1.4.1. Water and Wastewater Lines. If the City fails to complete construction of either phase of the waterlines, or wastewater lines, then Developer may proceed with the construction of any phase of said waterlines and/or wastewater lines at its cost. 1.4.1.1. The City shall reimburse said costs, contingent upon receipt of verifiable invoices directly relating to the design and construction of the water and/or wastewater lines. The Developer shall allow the City full access to records to verify said expenditures. 1.4.1.2. The City's reimbursement shall be paid pursuant to the Texas Prompt Payment Act, as stated in Chapter 2251 of the Texas Government Code. 1.4.1.3. The City's reimbursement is contingent upon the City's final approval of design plans prior to bid award, compliance with all of the City's inspection and permitting requirements and the City's acceptance of said line(s). The construction contracts must be bid and awarded pursuant to the Texas Competitive Bidding Act, as stated in Chapter 252 of the Texas Local Government Code. 1.4.1.4. The City will grant all permits and approvals required to allow construction of the Phase I waterline, Phase II waterline, Phase I wastewater line and Phase II wastewater line, as necessary to allow timely completion of those facilities pursuant to standards and requirements comparable to those applied to other similar facilities in the City. 1.4.2. Wastewater Line. If the City fails to construct the wastewater line as provided for herein, the Developer shall have the right, in addition to the rights stated above, to implement a "pump and haul" system delivering the wastewater to the City's nearest manhole. The City will accept wastewater from the Project, provided it meets all state and local requirements. All costs associated with the "pump and haul"process shall be reimbursed by the City, following the procedures listed in Section 1.3.1, above. 1.4.3. Reuse Waterline. If the City does not install the Reuse Line, as described in Section 1.3 above, the Developer shall be authorized to use potable water in the reuse lines until such time that the Reuse Line becomes available, so long as the Developer installs a backflow preventer to avoid cross contamination of the public water supply. Such temporary use of potable water in the reuse lines shall not be subject to water impact fees. Meter fees and other charges will be applicable pursuant to City Code. 1.5 Traffic Signalization. The City shall be responsible for designing and constructing all traffic signals depicted on Exhibit "D". The signals at University Boulevard and Road A and at A.W. Grimes and Road C shall be constructed when warranted. The signal at University Boulevard and Road B shall be installed as soon as possible after residents 3. are living within the Project. However, pursuant to State law, this signal will not become fully functional until warrants are met. Article 2 Developer Responsibilities 2.1 Project Schedule. The Developer intends to commence construction and development of the Project in 2013. It is estimated that the total build-out of the Project will be complete in 2023. 2.2 Jonah CCN. The Developer has obtained a CCN release and transfer from Jonah. The City is responsible for filing the paper work and obtaining a release from the Texas Commission of Environmental Quality ("TCEQ"), once the Developer has obtained the release from Jonah. Once the release from Jonah has been finalized, the Project may proceed forward through the development process and approvals/permits are not contingent upon the TCEQ release. 2.3 Water and Wastewater Lines. The Developer agrees that if the Developer opts to construct the water and wastewater lines as stated in Section 1.3 above, the Developer will fully comply with all of the requirements listed in Section 1.3. Developer acknowledges that it must comply with all requirements of the City Code regarding extension of utilities to additional properties other than the Property itself. The parties agree to enter into a reimbursement agreement if the City requires the oversizing of any lines connecting to additional property outside the Project above and beyond Code requirements. 2.4 Reuse Water Line. The Developer shall pay a fee of$232,411.20 to the City in lieu of construction of any reuse lines located outside of the Project. Developer agrees to pay this amount to the City within ten (10) days after receipt by Developer of a written request from the City. The Developer shall not be responsible for reuse lines located outside of the Project. The Developer shall not be responsible for any fees related to reuse water for the Project, including any future impact fees for reuse water for the Project. 2.5 Road Construction and Phasing. The Developer agrees to the following road construction and phasing schedule. 2.4.1 Parcels 1 and 2. Prior to the issuance of any building permits for single family residences to be constructed within Parcels 1 and 2, as shown on Exhibit "D", attached hereto, (except for building permits allowing the construction of up to six (6) model homes), the Developer shall construct, and the City shall accept, a Primary Road at the location shown as either Road A or Road B in Exhibit "D". This Primary Road shall be constructed pursuant to City standards. Any deviations from City standards must be approved in writing and in advance of construction by the City's Transportation Department. For purposes of this Agreement, the term "Primary Road" shall mean and refer to a road which is either a major 4. collector road or residential collector road, as those terms are utilized in the TIA. 2.4.1.1 All-Weather Road —Parcels 1 and 2. Prior to the issuance of any building permits for single family residences to be constructed within Parcels 1 and 2, as shown on Exhibit "D" (other than permits for up to six (6) model homes), the Developer shall construct an all-weather road, pursuant to the requirements as stated in the City Fire Code, in addition to the access described in Section 2.4, at the location shown at either Road A or Road B in Exhibit "D". The all-weather road may be utilized as a secondary access until and through the issuance of 125 building permits in Parcels 1 and 2. The 126th building permit will not be issued until the all-weather secondary access is converted into a second primary road, constructed pursuant to City standards, and accepted by the City, at a location acceptable to the City Transportation Department. 2.4.2 Parcels 3, 4 and 5 Road Construction. The primary roads shown as Roads A and Road B shall be constructed, and accepted by the City, and connected at the locations shown on Exhibit "D" prior to the issuance of any building permits within Parcels 3, 4, and 5, as shown on Exhibit"D". 2.4.2 Parcels 32, 33, 34, 35 and 36. Prior to the issuance of the 126th building permit for single family residences to be constructed within Parcels 32, 33, 34, 35, and 36, as shown on Exhibit "D" attached hereto, a Primary Road connecting to CR 111 (Westinghouse Road), as shown in Exhibit "D", shall be constructed and accepted by the City. This Primary Road must connect to the roadway network described in Section 2.4.2 and substantially conform to Exhibit "D". The road shall be constructed pursuant to City standards. Any deviations from City standards must be approved in writing and in advance of construction by the City's Transportation Department. For purposes of this Agreement, the term "Primary Road" shall mean and refer to a road which is either a major collector road or residential collector road, as those terms are utilized in the TIA. 2.4.3 Additional Parcels. No building permits will be issued for single family residences within parcels other than Parcels 1-5 without full compliance with the conditions stated herein. Additionally, a Primary Road must be fully constructed and accepted by the City, if contiguous to or contained within the boundaries of each separate final plat prior to the issuance of building permits within each final plat. Notwithstanding Section 2.4.1 above, up to 125 building permits may be issued utilizing two points of access, one of which must be a public road built to city standards and accepted by the City and the other may be an all-weather road. The 126th building permit may not be issued until a second public street to provide access is constructed to City standards and accepted by the City. 5. 2.4.4 Traffic Signalization — Road B. Developer agrees to pay the City 100% of all costs related to the design, construction and other related costs to install the Traffic Signal at University Boulevard and Road B. Design shall commence as soon as practicable after the receipt of payment from Developer. The current estimate of said costs is $20,000 for the design and $220,000 for the construction. Developer has paid $20,000 for design to the City. Developer agrees to pay the amount for construction to the City within ten (10) days after receipt by Developer of a written request from the City. If the final bid or any change orders are approved by the City regarding the installation of the Signal increase the cost, Developer agrees to pay 100% of said bid amount or change order amount within ten (10) days after receipt of a written request for the same. 2.4.5 Turn Lanes. Left turn lanes on University Boulevard at the intersections with Roads A and B, as shown on Exhibit"D", must be constructed by Developer prior to the issuance of the 500th building permit within the Project, if said turn lanes have not been previously constructed by Williamson County or any third party. 2.5 Fire Station Site. The Developer agrees to dedicate to the City approximately three (3) acres of land, as indicated on Exhibit"D", for use as a fire station. The dedication of the land shall occur prior to the recordation of the final plat for the 600th residential lot within the Project. Article 3 Miscellaneous 3.1 Mutual Assistance. The City and the Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions of this Agreement. 3.2 Dispute Resolution. In the event of any dispute among the Parties, the Parties agree to work diligently and in good faith to resolve the dispute as quickly as possible so as not to jeopardize the Developer's project timelines. The Parties agree that time is of the essence in this matter. 3.3 Representations and Warranties. The City represents and warrants to the Developer that this Agreement is within its authority, and that it is duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Developer represents and warrants to the City that it has the requisite authority to enter into this Agreement. 3.4 Default. If either the City or the Developer should default in the performance of any obligations of this Agreement, the other party shall provide such defaulting party written notice of the default, and a period of thirty (30) days to cure such default, provided,however, if the nature of the default does not involve the payment of money and is such that it cannot be reasonably cured within thirty (30) days, then the 6. defaulting party shall have such time as is reasonably necessary to cure the default so long as the cure is commended in thirty (30) days and diligently pursued to completion, prior to instituting an action for breach or pursuing any other remedy for default. If the defaulting party remains in default after notice and opportunity to cure, the non-defaulting party shall have the right to pursue any remedy at law or in equity for the defaulting party's breach. 3.5 Attorney's Fees. In the event any legal action or proceeding is commenced between the City and the Developer to enforce provisions of this Agreement and recover damages for breach, the prevailing party in such legal action shall be entitled to recover its reasonable attorney's fees and expenses incurred by reason of such action, to the extent allowed by law. 3.6 Entire Agreement. This Agreement contains the entire agreement between the parties. This Agreement may only be amended, altered or revoked by written instrument signed by the City and the Developer. 3.7 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. 3.8 Assignment. The obligations of Developer hereunder shall run with the land. The Developer may assign all or part of its rights and obligations to a third party without the written consent of the City, so long as the assignee has the financial ability and development experience to perform the obligations of Developer hereunder. 3.9 Amendment. This Agreement may be amended by the mutual written agreement of the parties. 3.10 Termination. The City may terminate this Agreement if the Developer has not filed a final plat within five (5)years after the Effective Date. 3.11 Notice. Any notice and or statement required and permitted to be delivered shall be deemed delivered by actual delivery, facsimile with receipt of confirmation, or by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses: Developer: Taylor Morrison of Texas, Inc. Attn: Adib Khoury 11200 Lakeline Blvd. Suite 150A Austin, TX 78717 Ph: (512) 532-2115 City: Steve Norwood, City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 Ph: (512) 218-5400 Fx: (512) 218-7097 7. With a copy to: City Attorney 309 East Main St. Round Rock, TX 78664 Ph: (512)255-8877 Fx: (512)255-8986 Either party may designate a different address at any time upon written notice to the other party. 3.12 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, however its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any party. 3.13 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws of the State of Texas and venue shall lie in Williamson County, Texas. 3.14 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, it is the intention of the parties that the remainder of this Agreement shall not be affected. It is also the intention of the parties of this Agreement that in lieu of each clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 3.15 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 3.16 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges, or causes of action upon any third party. 3.17 Exhibits. The following Exhibits are attached and incorporated by reference for all purposes: Exhibit"A" Property Description Exhibit"B" Utilities Locations Exhibit"C" Utility Capital Improvement Schedule Exhibit"D" Primary Road Locations 3.18 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture 8. among the parties. The City, its past, present and future officers, elected officials, employees and agents of the City, do not assume any responsibilities or liabilities to any third party in connection with the development to the Project or the design, construction or operation of any portion of the Project. 3.19 Force Majeure. If, by reason of Force Majeure (as.hereinafter defined), any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party shall give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; lightning; fires; hurricanes; storms; floods; or other natural disasters or other causes not reasonably within the control of the party claiming such inability. 3.20 Effective Date. This Agreement becomes effective when signed by the last party whose signature makes this Agreement fully executed. IN WITNESS WHEREOF, DEVELOPER AND THE CITY have executed duplicate counterparts to effectuate this Agreement to be effective as of the last date of due execution. TAYLOR MORRISON OF T S,INC. Its: V P TIM TO WELL—, VP Date: ' Z O — /\ THE CITY OF ROUND ROCK, TEXAS By: 0/1/2 Alan McGraw, Mayor City of Round Rock,Texas Date: 6'2L, • 14 Attest: 9. Sara White, City Clerk ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF ro v t S t.§ _ This instrument was acknowledged before me on this the 20 day of U h e , 201 by r-� 1-0-,-e/( , V fee Pres;rem f of Taylor Morrison of Texas, Inc., on behalf of said corporation. ,�;Y�"� DUSTIN ESTETTER i ( , id igiallIIIIIIIIIII _': "=. Notary Public,State of Texas .;� ��. My Commission Expires 'y.'„„;;:�r April 13, 2015 Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF WILLIAMSON § 1 This instrument was acknowledged before me on this the 2641 day of Zlge.), 201 by Alan McGraw, Mayor, on behalf of the City of Round Rock, Texas. "'9 SARA LEIGH WHITE /' Ai' �► e: a MY COMMISSION EXPIRES Notary Public, State of Texas > ,, July 11,2016 10. 223.361 Acre Tract Page 1 of 7 DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS,BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO.2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of • land in deed to the City of Georgetown,recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1/2"iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two(2)courses and distances: x "Baker-Aicklen"N 50°33'4VE for a distance of 154.07 feet to a /2 iron rod with Baker Aicklen cap set,for an angle point hereof, and 2. N 46°14'14"E for a distance of 10.92 feet to a 1/2" iron rod with"Baker-Aicklen"cap set for the southeast corner of said 3.79 acre tract,same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an • angle point hereof; THENCE continuingwith the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract,N 74°28'37"E for a distance of 1901.33 feet to • EXHIBIT 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership,Ltd.,recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three(3)courses and distances: 1. S 22°41'00"E for a distance of 509.97 feet to a nail found,for an angle point hereof, 2. S 19°48'09"E for a distance of 368.64 feet to a nail found,for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract,for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract,the following two (2)courses and distances: 1. N 68°46'06"E for a distance of 30.96 feet to a%i' iron rod with'Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract,for an angle point hereof,and 2. S 20°54'14"E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard,for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7)courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a'/2"iron rod with "Baker-Aicklen cap set,for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership,Ltd., recorded in said Document No. 9824078,for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract,same being the east boundary line of said 111.30 acre tract,the following seven(7)courses and distances: 1. N 45°25'02"W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02"W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02"W for a distance of 118.06 feet to an iron rod with cap found,for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a 1/2" iron rod with "Baker-Aicklen" cap set,for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a '/z" iron rod with "Baker-Aicklen"cap set,for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a 1/2" iron rod with "Baker-Aicklen"cap set,for an angle point hereof,and 7. N 21°01'52" W for a distance of 699.87 feet to a '/2" iron rod with "Baker-Aicklen"cap set,for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a '/s" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County,for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six(6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a 1/2" iron rod with "Baker-Aicklen" cap set,for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a 1/2" iron rod with "Baker-Aicklen" cap set,for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/2" iron rod with "Baker-Aicklen" cap set,for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a 1/2" iron rod with "Baker-Aicklen" cap set,for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/" iron rod with "Baker-Aicklen" cap set,for an angle point hereof,and 6. N 68°57'08"E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone(4203). Surveyed under the direct supervision . the undersigned during May,2013: �, • Parker 7.Graha , / / •;¼�� �0 t Registered Professional Land Surveyor No.5556 PARKER GRAHAM Baker-Aicklen&Assoc.,Inc. �..T...,.� f 9 5556 P f 507 West Liberty Avenue ,ry FE slip Round Rock,TX 78664 lob No:2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning-Area-1-223.361 acre tract.doc 73 piem -rj -n z r z Z j Q) 11 NELSON HOMESTEAD FAMILY 0 m 0 0 0 0 z — D )7 PARTNERSHIP, LTD. o z 7, a 0 0 in (n T (CALLED 111.30 ACRES) o a 33 - DOCUMENT NO.9824078 o 0 0 006i ° ijrn !. z [) , OFFICIAL RECORDS a o z $ - )) DWILLIAMSON COUNTY,TEXAS o z 6 m n z 3- 2 2 N I!) T r I • L24 o- a 0 g nZ 0 I Fzn P Z � � I I cu z N2 [ N � � . cn ; oi (II iii 1 .tib o m0 o i 4 ra kZr Hx t C lit m 1 i' NO r- -C-- 1\3 e _‘ . ,„ , 0 K „ . m Z �•i ® i .,. /� 4 s ° . W O - � 4r C N C N•1 0® NI R. Iit -4 - M W G o.� „ . � � m 3 n N % © ® 1l C.0 AIA D i rer 9. A 0-4 _LI-1 — — — o - L1N. J I 0 z , w o wGG) '" r mo w n W z z O r- 73 -1 O 8 0 O .p II 0 t N n -{ n i 1 -3 W rri r L9 ov 11,,,,..e _-6.0.___i 5 �� v oI NELSON HOMESTEAD FAMILY o \ ___ L. -_ --+ ` PARTNERSHIP,LTD. .s 0 o (CALLED 1162.08 ACRES) Ii z a N DOCUMENT NO.9824078 or- o 0 w OFFICIAL RECORDS c? N WILLIAMSON COUNTY,TEXAS o r IF: 1 o • .. m o 1 1 LINE TABLE LINE NO. BEARING DISTANCE LINE TABLE L1 N24°18'59"W 316.94' LINE NO. BEARING DISTANCE L2 N50°33'44"E 184.07' L22 N80°37'02"W 334.72' L3 N46°14'14"E 10.92' L23 N67°00'02"W 654.44' L4 N74°28'37"E 1901.33' L24 N21°01'52"W 699.87' - L5 S22°41'00"E 509.97' L25 N68°56'29"E 1545.33' L6 S19°48'09"E 368.64' L26 N68°5629"E 285.10' L7 S20°38'26"E 339.80' L27 N69°03'46"E. 269.68' L8 N68°46'06"E 30.96' L28 N68°50'39"E 260.12' _ I L9 S20°54'14"E 955.33' L29 N68°54'51"E 271.11' L10 S69°18'39'W 507.18' L30 N68°56'29"E 213.37' L11 S75°16'13"W 100.46' L31 N68°57'08"E 103.53' L12 S70°32'01"W 400.06' L14 S78°20`10"V1! 101.05' L15 N88°25'38"W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51`02"W 118.06' L21 N40°07'02"W 93.89' '12J BAKER-AICKLEN ROUN&D9ND/EE RDDK,7IUBER1YAV. AVERY NORTH EX45 78664 ASSOCIATES, INC. (51217AY96213 ZONING EXHIBIT AREA 1 ENGINEERING FIRM#F-4S 223.361 ACRES ENr as I S"rsvEroas I 02 I R I L 4 _ano ms SURVEY FIRM#100231 0 ROUND RUCK 'TEIAE#1787 PAGE 6 OF 7 PROJECT NO.2173-2-001 W:VPROJECTSITAYLOR-MORRISON-AVERY NORTHIAWG ZONINGITM-ZONING-AREA 1.dwg[PAGE 6J July 08,2013-935am C) AVERY RANCH COMPANY, LTD-CALLED 300.43 ACRES.-DOC.NO.2002071336,O.P.R.W.C.T. 20 SOWERS LAWN CARE,LLC-CALLED 1.00 ACRE-DOC. NO.2008016323,O.P.R.W.C.T. 30. MIGUEL TELLEZ&KAREN TELLEZ-CALLED 1.00 ACRE-DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA&MODESTA SOLIS-CALLED 1.001 ACRE-DOC. NO.2010057895, O.P.R.W.C.T. ® MAUD1E OLIVER STREETER-CALLED 1.16 ACRE-VOL.935,PG.443, D.R.W.C.T. GERARDO C.TORRES-CALLED 1.16 ACRE-DOC. NO. 9827796,O.P.R.W.C.T. ®. TREESCAPE FARMS GP,LLC-CALLED 26.98 ACRES-DOC.NO.2004054116,O.P.R.W.C.T. • RUBEN GREINERT AND JOYCE GREINERT-A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES-VOL.2711,PG. 151,O.R.W.C.T. • CITY OF GEORGETOWN-A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES-VOL. 1970, PG. 497,O.R.W.C.T. 10. JOHN S.AVERY, SR.,TRUSTEE,JOHN S.AVERY EXEMPT TRUST-CALLED 144.41 ACRES-DOC. NO.2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT-CALLED 4.8926 ACRES-DOC.NO.9610694, O.P.R.W.C.T. 12. RUBEN GREINERT&JOYCE GREINERT-CALLED 118.53 ACRES-VOL. 2711,PG. 151,O.R.W.C.T. 13. TREESCAPE FARMS GP,LLC-CALLED 3.79 ACRES-DOC. NO.2004054116,O.P.R.W.C.T. 14. CHARLES N.AVERY, III, ET AL.-CALLED 53.02 ACRES-DOC.NO. 2004074664,O.P.R.W.C.T. ABAKER-AICKLEN Rp p a Cw ,ay...., AVERY NORTH & ASSOCIATES, INC. (51 21zags6za ZONING EXHIBIT AREA 1 ENGINEERING FIRM* 223.361 ACRES ENmillERSI I SLF&SYCRS 1 CIS I Ft.ILOWECAFEARC.IrrEMS BURVEY FIRM#100231.0 ROUND ROCK 713AE#1 9 PAGE 7 OF 7 PROJECT NO.2173-2-001 W:IPROJECTSITAYLOR-MORRISON•AVERY NORTHIDWG ZONINGITM-ZONING-AREAI,dwg[PAGE71July 08.2013-9:55am 191.444 Acre Tract Page l of 8 DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS,BEING ALL OF:A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT,RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT,RECORDED IN VOLUME 2711,PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING • A PORTION OF: A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a'/z" iron rod with"Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion,same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a'h" iron rod with "Baker-Aicklen" cap set for the northeast corner of said 2.694 acre portion, same being the southwest corner of said 4.8926 acre tract, same being the most westerly northwest corner of said 118.53 acre tract,for ah angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a '/2" iron rod with "Baker-Aicklen" cap set for a non-tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the arc of a curve to the left,having a radius of 11901.20 feet, an arc length of 1529.32 feet,a central EXHIBIT 11A11 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner hereof; THENCE continuing through the interior of said 144.41 acre tract,N 68°57'13" E for a distance of 1711.38 feet to a 1/2' iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County,for an angle point hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53'18" E for a distance of 493.09 feet to a 1/2' iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County,for the northeast corner hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre tract,the following eight(8)courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a 1/2" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract,for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S 05°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42'0'7"W for a distance of 267.37 feet to a fence post found,for an angle point hereof, 5. S 06°55'57"W for a distance of 577.76 feet to a fence post found,for an angle point hereof, 6. S 02°54'37" W for a distance of 4.18 feet to a fence post found, for an angle point hereof,and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 8. S 22°27'01" E for a distance of 151.38 feet to an iron rod with cap found for the southeast corner of said 118.53 acre tract,same being the northeast corner of a called 53.02 acre tract of land in deed to Charles N. Avery, III, Et. Al., recorded in s, document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the south boundary line of said 118.53 acre tract, same being the north boundary line of said 53.02 acre tract,S 74°28'37"W for a distance of 1901.33 feet to a 1/2'1 iron rod with"Baker-Aicklen" cap set for the southwest corner of said 118.53 acre tract,same being an angle point on the north boundary line of said 53.02 acre tract, same being the southeast corner of said 3.79 acre tract,for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract,the following two(2)courses and distances: 1. S 46°14'14" W for a distance of 10.92 feet to a 1" iron rod with 'Baker-Aicklen" cap set,for an angle point hereof,and 2. S 50°33'44" W for a distance of 184.07 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 3.79 acre tract, same being the northwest corner of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion,for an angle point hereof; THENCE with the west boundary line of said 53.02 acre tract,same being the east boundary line of said 2.694 acre portion, S 24°18'59" E for a distance of 316.94 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract,for an angle point hereof; THENCE with the south boundary Iine of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract,the following two(2)courses and distances: 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle point hereof, and 2. S 68°56'29" W for a distance of 51.12 feet to a 1/2" iron rod with "Baker-Aicklen" • cap set for the southwest corner of said 2.694 acre portion, same being the southeast corner of a called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, for an angle point hereof; THENCE with the west boundary line of said 2.694 acre portion, same being the east boundary line of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a 1 " 191.444 Acre Tract Page 4 of 8 iron rod with "Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract,for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract,in part with the north boundary line of said 1.16 acre tract, in part with the north boundary Iine of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter,recorded in Volume 935,Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis,recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County,the following three(3)courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a a/i' iron rod with "Baker-Aicklen" cap set,for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a 1/a" iron rod with "Baker-Aicklen" cap set,for an angle point hereof,and 3. S 67°32'56" W for a distance of 808.77 feet to a 1/z" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract,same being the north boundary line of said 300.43 acre tract,for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545.33 feet to a 1/2" iron rod with "Baker-Aicklen" cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County,for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract,N 21°01'52"W for a distance of 1116.55 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, same being on the south right-of-way line of County Road 186,for the most westerly northwest corner hereof; 191.444 Acre Tract Page 5 of 8 THENCE,with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a '/z" iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion,for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion,N 21°29'43"W for a distance of 31.58 feet to a '/z' iron rod with "Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion,for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three(3)courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a '/z' iron rod with 'Baker-Aicklen" cap set for an angle point hereof, 2. N 68°44'40" E for a distance.of 236.22 feet to a I/z' iron rod with "Baker-Aicklen" cap set,for an angle point hereof, and 3. N 68°42'10"E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone(4203). Surveyed under the direct supervi ' n of the undersigned during May,2013: � 0� T :2%)". ��Q'C •sr • F k Parker J. Grah ;4 ' 0: Registered Professional Land Surveyor No. 5556 PARKER GRAHAM • Baker-Aicklen&Assoc.,Inc. \.c-3-;`°..? 5556 �o Q-f' 507 West Liberty Avenue v�;°Fes east eOr Round Rock,TX 78664 SUA`�. Job No:2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT l ZONING\Avery North Zoning-Area-2-191444 acre tract.doc `JJ NELSON HOMESTEAD FAMILY 2x I ` PARTNERSHIP,LTD. n D ® 10 ® ® O .1-' %.. (CALLED 111.30 ACRES) 0 v DOCUMENT NO.9824078 c 0 `n z -, r 0 m OFFICIAL RECORDS --C n z F •N z z m G D D WILLIAMSON COUNTY,TEXAS C m d p X o z o N m O L56 O D m 0 Z o rj rj o v aA f n ' / o p S71 p z z rn o p❑ ho7; i' d o b 01 f kf r Z Rl t0 o I7 Z m z A cE 'aa z , v m A Co zC-I co -i pA I t 3 9r ®z 1 lithh kr.1(il r„ ,,,,, m -p o 0 a O ; te Z OO G) '7 m ov o r s. C,. ,), 0 r- ' Ow o < _-- � 1-3 / _ 1 , 1 —0 � • \ --1 1-- -F- --- e / .cL__________ O Oy 1 iL46 . _1l� C1 • _I � ) � ® � C co > N < Dm c a N n 0 c8 O mT m m0 O O w P n x z N ` { x O � -1 H W 4 I 1 11 -CI 11 0 mi mm r 4'S NELSON HOMESTEAD FAMILY r • �� L62♦ L37 X 0 o PARTNERSHIP, LTD. r s. 0 (CALLED 1162.08 ACRES) co , orn ° z DOCUMENT NO. 9824078 z > o OFFICIAL RECORDS TRIPLE PLAY SPORTSPLEX,LP Pm n WILLIAMSON COUNTY,TEXAS (CALLED 23.65 ACRES) DOCUMENT NO. 2005003974 .0 I- m OFFICIAL PUBLIC RECORDS N m c. oWILLIAMSON COUNTY,TEXAS . ..1 - I CURVE TABLE CURVE NO. RADIUS ARC CENTRAL CHORD CHORD LENGTH ANGLE BEARING DISTANCE Cl 1190120' 1529.32' 007°21'45" N24°16'08"W 1528.27' LINE TABLE LINE TABLE LINE NO. BEARING DISTANCE LINE NO. BEARING DISTANCE L33 N66°28'26"E 96.97' L55 S68°56'29"W 1545.33' L34 N71°29'15"E 403.98' L56 N21°01`52"W 1116.55' L35 N68°57'13"E 1711.38' L57 N68°29'58"E 1536.25 L36 N68°53'18"E 493.09' L58 N21°29'43"W 31.58' L37 S21°23'57"E 1094.60' L59 N68°39'10"E 334.16' L38 805°13'37"W 35.58' - L60 N68°44'40"E 236.22' L39 S06°55'57"W 577.76' L61 N68°42'10"E 677.53' L40 S02°54'37"W 4.18' L62 S21°26'13"E 426.58' L41 S29°07'24"E 27.53' L64 S68°56'29"W 51.12' L42 S22°27'01"E 151.38' L65 S06°42'07"W 267.37' L43 S74°28'37"W 1901.33' L44 S46°14'14"W 10.92' L45 S50°33'44"W 184.07' L46 324°18'59"E 316.94' L47 S68°57'45"W 52.41' L48 N24°01'20"W 270.57' • L49 S50°54'32"W 219.16' L50 S62°06'02"W 271.55' L51 S67°32'56"W 808.78' L54 S21°29'43"E 150.37' RAKER-AICKLEN '" TL ERWA"E AVERY NORTH ROUND ROCIC,7EXA676664 ZONING EXHIBIT V & ASSOCIATES, INC. C512324h962`2 ENGINEERING FSRM#F45 191.444 ACRES Enz I slmav .I©19 I PLANERS I LNl,M4FEARMICE.IS 5uRVEYFlRM#100231-D ROUND ROCK TUAE#1787 PAGE 7 OF 8 PROJECT NO.2173-2-001 W;IPROJECTS{TAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 2.dwg[PAGE 7]July 08,2013-1:07pm ® AVERY RANCH COMPANY, LTD-CALLED 300.43 ACRES-DOC. NO.2002071336,O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC-CALLED 1.00 ACRE-DOC. NO. 2008016323,O.P.R.W.C.T. 3�. MIGUEL TELLEZ&KAREN TELLEZ-CALLED 1.00 ACRE-DOC. NO.2005021145,O.P.R.W.C.T. HECTOR M. MENDOZA&MODESTA SOLIS-CALLED 1.001 ACRE-DOC. NO.2010057895, O.P.R.W.C.T. ® MAUDIE OLIVER STREETER-CALLED 1.16 ACRE-VOL.935, PG.443, D.R.W.C.T. GERARDO C.TORRES-CALLED 1.16 ACRE-DOC. NO.9827796, 0.P.R.W.C.T. 0 TREESCAPE FARMS GP, LLC-CALLED 26.98 ACRES-DOC. NO.2004054116,0.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT-A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES-VOL.2711, PG. 151,O.R.W.C.T. 90 CITY OF GEORGETOWN-A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES-VOL. 1970, PG. 497,O.R.W.C.T. 10. JOHN S.AVERY, SR.,TRUSTEE,JOHN S.AVERY EXEMPT TRUST-CALLED 144.41 ACRES-DOC. NO.2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT-CALLED 4.8926 ACRES-DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT&JOYCE GREINERT-CALLED 118.53 ACRES-VOL. 2711,PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP,LLC-CALLED 3.79 ACRES-DOC.NO.2004054116,O.P.R.W.C.T. 14: CHARLES N.AVERY, III,ET AL.-CALLED 53.02 ACRES-DOC.NO.2004074664, O.P.R.W.C.T. ifriA } BAKER-AI CK LEN SD7WESYLt9ER7YAVE AVERY NORTH RDUND RL7CK,'fE7CA6 766&4 & ASSOCIATES, INC. 15EERNI3y62D EN6INERINB ZONING EXHIBIT FlRM#F+45 191.444 ACRES in.c..ozEnst I GuRve,cnsIC16I 1uv 5URVEYFIRM#143237D ADUNDRDCK TBAE#17a7 PAGE 8 OF B PROJECT NO.2173-2-001 W:1PROJECTS1TAYLOR-MORRISON•AVERY NORTHIDWGZONINGVTM-ZONING-AREA2.dwg[PAGE 81 July 0B,2013-1:07pm • R- ,c e >OcrOr6Zr ?gT 5 d1 _ Z-ip,mc>O>Ob 1p;i „iii r4: 4 _.-imOmO-qrOrm� r 9_- �� � ¢ rn 13 cr_-mZOZi���cmrD 0 i° ... 8c O r nDnp�0 Z ° i U di 1110 7. _ ma VQ ��000n�RPF� r �6 m o a' A - y� P 4 �o1c�m �or>izo 63 D > c) c� 77:-�� ? 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ID CO u ';r, X N N al D it > > > ��C = rn O m Ca r O 00 COwar 2 0 I 0 t-' „:n!-,1 0 N mCla LA 97 ■ m v, ! oo mr� tya- O� -C CCa ■ 173 1 111iii:: - Op ( �' fn IV a• f _.z:n`n" aaz co m rn z �G7 si Q -ao A �O .'r•CCa^ 0Vni-N iCi Pio ,Do z �Z. vgNNt S .•J7'*S - N V x � '.' •sem " -�'b-flp. • Qo�W: • d�.Ay .; i ��,> Oin j,w p= m f % 8 _ w oT �1i��,.Qn o ,�b:�� o- Ii r m �1T1i rn X�r' O to 111'7( $43 �C in 0O NI • y A m 73 CO �{..� .N t0O ° a Orn . .Z X W 1 10 Q r i W 1 N 4 O � S R5 -i % #' . to i Ui 'A S . clo u, m m ', o >.. A CALLED 1162.08 ACRE TRACT 4. O N OWNER: NELSON FAMILY W O PARTNERSHIP LTD. • I 'r1 DOC. NO. 1998024078 - 0 N (O.P.R.) il riPAPE-DAWSON ENGINEERS LAND DEVELOPMENT ENVIRONMENTAL TRANSPORTATION WATER RESOURCES SURVEYING FIELD NOTES FOR A 89.025 acre, or 3,877,948 square feet more or less, tract of land, a portion of a called 144.41 acre tract, conveyed to John S. Avery Sr. Trust, recorded in Document No. 2006112407 of the Official Public Records of Williamson County, Texas, and a portion of a called 4.8926 acre tract, conveyed to Ruben Greinert and Joyce Greinert, recorded in Document No. 1996010694 of the Official Records of Williamson County, Texas, situate in the Joseph Mott Survey, Abstract No. 427, in the City of Round Rock, Texas, Williamson County, Texas. Said 89.025 acre tract being more fully described as follows, with bearings based on the North American Datum of 1983 (NA 2011) epoch 2010.00,from the Texas Coordinate System established for the Central Zone: COMMENCING: At a found 1" iron rod, the northwest corner of a called 5.468 acre tract, conveyed to Williamson County, recorded in Document No. 2014004559 of the.Official Public Records of Williamson County, Texas, a point in the.east line of a called 38.069 acre tract recorded in Volume 1970, Page 497 of the Official Public Records of Williamson County, Texas and a point in the south right of way line of County Road 111/Westinghouse Road, a variable width right of way: THENCE: S 28°07'37" E, along and with the west line 6f said called 5.468 acre tract and the east line of said called 38.069 acre tract, a distance of 20.16 feet to a found nail; THENCE: S 28°40'07" E, along and with the west line of said called 5.468 acre tract and the east line of said called 38.069 acre tract, a distance of 77.01 feet to a calculated point, for the POINT OF BEGINNING of herein described tract; THENCE: Departing the east line of said called 38.069 acre tract, along and with the south line of said called 5.468 acre tract the following calls and distances: N 69°06'24" E, a distance of 171.47 feet to a calculated point; N 72°32'24" E, a distance of 300.54 feet to a calculated point; N 69°06'24" E, a distance of 500.00 feet to a calculated point; AUSTIN / SAN ANTONIO / HOUSTON 780(3 Shoal Creek Blvd., Suite 220 West Austin. Texas 78757 P 512.454.8711 F 512.459.8867 www.pape-dawson.com 89.025 Acres Job No.50803-00 Page 2 of 4 N 65°40'24" E, a distance of 300.54 feet to a calculated point; N 69°06'24" E, a distance of 17.90 feet to a calculated point; Northeasterly, along a non-tangent curve to the left, said curve having a radial bearing of N 20°53'27" W, a radius of 4,068.00 feet, a central angle of 10°53'19", a chord bearing and distance of N 63°39'54" E, 771.93 feet, an arc length of 773.09 feet to a calculated point; N 58°13'09" E, a distance of 215.35 feet to a calculated point; THENCE: Northeasterly, along a non-tangent curve to the right, said curve having a radial bearing of S 31°46'35" E, a radius of 3,932.00 feet, a central angle of 02°34'46", a chord bearing and distance of N 59°30'48" E, 177.01 feet, an arc length of 177.02 feet to a calculated point, from which a found 1/2" iron rod bears N 15°22'00" W, 4.89 feet, the northeast corner of said called 5.468 • acre tract, the northwest corner of a called 23.65 acre tract recorded in Document No. 2005003974 of the Official Public Records of Williamson County, Texas and a point in the south right of line of the � way aforementioned County Road 111; THENCE: S 15°22'00" E, along and with the east line of said called 144.41 acre tract and the west line of said called 23.65 acre tract, at a distance of 1052.55 feet passing a found 1/2" iron rod, the southwest corner of said called 23.65 acre tract and the northwest corner of a called 10.40 acre tract recorded in Document No. 2005003974 of the Official Public Records of Williamson County, Texas, continuing along and with the east line of said called 144.41 acre tract and the west line of said called 10.40 acre tract for a total distance of 1556.52 feet to a found 1/z" iron rod, the southwest corner of said called 10.40 acre tract; THENCE: S 68°57'13" W, over and across said called 144.41 acre tract, a distance of 1711.38 feet to a calculated point; piPAPE-DAWSON ENGINEERS 89.025 Acres Job No.50803-00 Page 3 of 4 THENCE: Southeasterly, along a non-tangent curve to the right, over and across said called 144.41 acre tract, said curve having a radial bearing of S 62°02'55" W, a radius of 11,901.20 feet, a central angle of 07°21'53", a chord bearing and distance of S 24°16'08" E, 1,528.72 feet, at an arc length of 1,088.77 passing the south line of said called 144.41 acre tract and the north line of the aforementioned 4.8926 acre tract, continuing over and across said called 4.8926 acre tract for a total arc length of 1,529.78 feet to a calculated point, a point in the south line of said called 4.8926 acre tract and a point in a north line of a called 61.733 acre tract recorded in Document No. 2013115650 of the Official Records of Williamson County, Texas; THENCE: Along and with the south line of said called 4.8926 acre tract and a north line of said called 61.733 acre tract the following calls and distances: S 70°27'39"W, a distance of 114.57 feet to a 24" Hackberry tree; S 75°17'13" W, a distance of 7.68 feet to a 20" Hackberry tree; . THENCE: S 71°54'42" W, a distance of 281.91 feet to a found '/" iron rod with cap marked "Baker-Aicklen", the southwest corner of said called 4.8926 acre tract, a northwest corner of said called 61.733 acre tract and a point in the east line of the aforementioned 38.069 acre tract, from which a found Mag nail with Washer stamped"Baker-Aicklen"bears S 26°24'48" E, 18.23 feet; THENCE: N 23°36'09" W, along and with the west line of said called 4.8926 acre tract and the east line of said called 38.069 acre tract, a distance of 425.51 feet to a found %" iron rod, the northwest corner of said called 4.8926 acre tract and the southwest corner of said called 144.41 acre tract; THENCE: Along and with the west line of said called 144.41 acre tract and the east line of said called 38.069 acre tract the following calls and distances: N 24°14'56" W, at a distance of 796.82 feet passing a found iron rod with brass cap marked SDHPT-8436, continuing for a total distance of 860.91 feet to a found 1/2" iron rod; N 26°01'59" W, a distance of 224.16 feet to a found bed post; PAPE-DAWSON ENGINEERS 89.025 Acres Job No.50803-00 Page 4 of 4 THENCE: N 28°05'24" W, at a distance of 115.95 feet passing a found iron rod with cap marked 8281, continuing for a total distance of 1,422.70 feet to the POINT OF BEGINNING and containing 89.025 acres in the City of Round Rock, Williamson County, Texas. Said tract being described in accordance with an exhibit prepared under Job No. 50803-00 by Pape Dawson Engineers, Inc. r k OF T PREPARED BY:Pape-Dawson Engineers,Inc. DATE: April 8,2014 � '4 REVISED: April 10,2014 °�6 •w°«n6°`°°"°"�`• ; JOB No.: 50803-00 r lye. BUCt iAi�hTd Ai •mn°nnonn°°nnsa°°on�a••n . 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'� _• _ - �.-t +z:q I h���Q� r LI i r� .r� e 7 Ji _�p%�� �e��a�, se'E '•"7�ti�"��s, �.1.'`" L�,�., tylss°3 ^t [Ci"•s�'" © ,��Qp �! i rla X {� t� � � `��'U Y. O^�nLL*':`.� � :flQj�,, Y�IkL� � F f`r `� ls�r 1� � �T �.� � . , P�:t v�i17E;' .,,�,��j.,¢..! .�-� #�=� `�.,� � r 1. � � •�� UU 7 r �Y'�er.. '� ; to � �� - _ � .' Ugr,•Ir�d� c - I w r G' F Jrr I3, pp�y fY 444 L [pih n �r ,� F �. �', A � r� r' ��U '`4 �$$$`a �• a,,'- O °4 VEJ 'Yl �'r ++.tv �' v � r,e 't^ � ��" ro��'Ir pp ..ttp lr- e-y� •,� ,- a (gp�7[.,[jq pip p� pT.r +� '®�j Jr ��' .q4'2'�''t4���9, ;�lC•]�U.ry k.f 6 �"/� �. ..- 6111EIG{Eilt�Elell�67��3.7 � r` ��Lq��/l �y �rr�9 -e 5�-s 1{� .,� ki�� - ' r Y. � Utnr_`r��,,A'�".2,� �"F.S^t=x,�.� ����L^t1AIfTS �flf<'g�+pL —.i `�.-}�",� ��Cj�.�.� �'�fj,'y✓4'vY'��. :�- �// •�• - rw. a.,.,ie e.'e`ya'�` 'It;TJ��'e.n .tr.• in rn��"�e a�P�k:l'.�i�:ec.�Z�� •'y`y ti.,r ��.Vn,�"�� '��.< N EXHIBIT "B" Path:O:\Workspace=GIS1tUuliliis rrot5spacsVdAPS@0111horthca;IRowdRockUlBities\NERounF2ockUlilmud EXHIBIT "C" Northeast Round Rock Water Capital Improvements Schedule Proposed Hire Proposed Proposed Project Name Length(L.F.) Design Engineer Bid Opening Construction Completion University Blvd 36" Phase 1 4,200 May-13 Dec-13 Oct-14 36" WL Parcel 150 Phase 2 6,500 Jun-13 Jan-14 Oct-14 Northeast Round Rock • Wastewater Capital Improvements Schedule • Proposed Hire Proposed Proposed Project Name Length(L.F.) Design Engineer Bid Opening Construction Completion McNutt Creek C3 36" 2,475 May-13 Dec-13 Oct-14 McNutt Creek C9 24" 6,263 May-13 Dec-13 Oct- 14 I'I 2014053684 Electronically Recorded OFFICIAL PUBLIC RECORDS , .. A ,,_ ` �AScR Nancy E. Rister, County Clerk 2014 July 11 08:35 AM FEE: $149.00 PGS 33 Williamson County Texas \t.„........-� -/ , ...... /" -' -�, . 0...2_ "� Agra ei•M}v W \ '� �c.. u 1 l m \ \ ......./........\ii •\ , ,...., 'MT ',N. •‘.. ., - --: ,...i ..../., .,, . •IS \; e ��`\ moi' si a Y/' V GPRAWECM L. �° 1 /I/ ! PARCEL 00 0 1 , 1 Vrnec'\� // N I. ER,a.TRW 'R •" -a y '' POTENTIAL FOR 1 •� • \ kiss' I as ° // FIRURE EXPANSION �,; • ,.. . r, p ,. ., /TI R .....„....... ll i' • _ \A �°P O e°° —VL I DADS INDICATE /" /�- if /!7- A` n'',./-el C L N C INCEPT PLAN ` .-"1.,,„,'" ° ° f . .../.. \' ,,,T .'E RIMARY ROADS vy. -'/-. --- PARCEL le . 9 ./- " h s y r ',mace meny°el r PaV apace � PAac�sv `, �- n r. Pen de, e adc P PP el 1)1 ' o 4. 11 yr/.r� 40% l Ilm ; . I' \ \ Ilz it �� • I p 11 a� i / 11 11,E 0 600 1200 1800 EXHIBIT D Scale 1" 1200 SEC Planning,LLCr LAND USE PLAN SX�FLEP e North Date.March 12 2014 a D LandPlanong+LantlsapeAFdIiedure+ComrewiN andng yeui AP rEVS VIZCAYA rase mapping compiled from D9 available tiAll map data ROUND ROCK,TEXAS ShOUld be COFISIdeTeda nreliMinen7, ed m 7 ereieetien! D sohietlm mange.This land plan Is consentoaun nacreqe d0„not lepresentam regweton eppmvat Plan issubject to change