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CM-07-08-186CONSENT By execution hereof, the City of Round Rock, Williamson County, Texas (the "City"), hereby acknowledges the receipt of and consent by the City to the foregoing Reciprocal Easement Agreement by and between SCOTT & WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION, a Texas non-profit corporation, and HR ACQUISITION OF SAN ANTONIO, LTD., an Alabama limited partnership, to be filed in the Real Property Records of Williamson County Texas, which consent is hereby granted in accordance with the terms, provisions and requirements of any instrument requiring such consent including, without limitation, (a) that certain Water Line Easement granted to the City, and recorded as Instrument No. 2006088521, (b) that certain Water Line Easement granted to the City, and recorded as Instrument No. 2006045058, and (c) that certain Wastewater Line Easement granted to the City, and recorded as Instrument No. 2006088522, all in the Real Property Records of Williamson County, Texas. IN WITNESS WHEREOF, the undersigned, being a duly authorized representat've of the City of Round Rock, Texas, has executed this Consent Agreement as of the 1 Orci day of August, 2007. STATE OF TEXAS COUNTY OF tqt11,",cbt, § THE CITY OF ROUND ROCK, TEXAS By: Ti �fIi intinAe,Eki The foregoing instrument was acknowledged before me on the f day of August, 2007, by ,L, A<.<, h, 1•4'..,..., as klLt Eti%,c«(l,of the CITY OF RdILJND—ROCK, TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said City of Round Rock, Texas. Witness my hand and official seal. My Commission Expires: RECIPROCAL EASEMENT AGREEMENT THIS RECIPROCAL EASEMENT AGREEMENT (the "Agreement") is made and entered into as of the day of August, 2007 (the "Effective Date"), by and between SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION, a Texas non-profit corporation ("Hospital"), and HR ACQUISITION OF SAN ANTONIO, LTD., an Alabama limited partnership ("HR"). RECITALS 1. Hospital is the owner of the Campus and the Hospital Buildings. 2. Hospital has leased the Land to HR pursuant to the Ground Lease and has conveyed the MOB to HR pursuant to a deed of even date. 3. HR intends to own and operate the MOB on the Land. 4. The parties desire to grant easements to one another in order to permit the MOB to operate as an integral part of the Campus. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants of and benefits to the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Hospital and HR agree that the foregoing recitals are true and correct and incorporated herein by this reference, and further agree as follows: I. DEFINITIONS As used in this Agreement, the following terms shall have the meanings indicated. 1.1 "Buildings" means collectively the Hospital Buildings and the MOB. 1.2 "Business Day" means any day other than (a) a Saturday or Sunday, and (b) a day on which national banks are required or permitted by law to close. 1.3 "Campus" means the University Medical Campus located in the City of Round Rock, Williamson County, Texas, as shown on the Campus Site Plan, together with any land which may be added to the Campus in the future. 1.4 "Campus Site Plan" means the site plan of the Campus attached hereto as Exhibit B and made a part hereof. 1.5 "Deed of Trust" shall mean any deed of trust encumbering the fee interest of Hospital in the Campus, the leasehold interest of FIR in the Land or HR's interest in the MOB. 1.6 "Drainage and Irrigation Equipment" shall include all equipment, fixtures and facilities used in connection with the Drainage and Irrigation Easements (as hereinafter defined) granted herein (including without limitation, water detention and retention and dry detention areas, fountains to aid in the aeration of any detained or retained water, ditches, surface tiles, underground tiles, pipes and lines, pumps, pump stations, sprinklers, wells, computer systems to control irrigation and other drainage and irrigation facilities and improvements). 1.7 "Easement Areas" shall mean the Pedestrian Facilities, Parking Areas and other portions of the Campus which are subject to the easements granted herein. 1.8 "Force Majeure" means acts of God, fire, earthquake, flood, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, acts of terrorism, sabotage, inability to procure labor, equipment, materials or supplies due to general shortages in the open market, failure of transportation, strikes, lock outs, actions of labor unions, condemnation, requisition, laws, governmental action or inaction, orders of government or civil or military or naval authorities, unforeseen subsurface conditions, adverse weather conditions not reasonably expected for the location of the Building and the time of year in question or any cause, whether similar or dissimilar to the foregoing, not within their reasonable control of, as applicable, the Hospital or HR. 1.9 "Ground Lease" means the Ground Lease between the Hospital, as lessor, and HR, as lessee, dated of even date herewith, pursuant to which Hospital has leased the Land to HR. 1.10 "Hospital Buildings" means all buildings on the Campus other than the MOB. 1.11 "Hospital Permittees" shall mean Hospital and its officers, directors, employees, agents, partners, contractors, customers, visitors, invitees, licensees, lessees, tenants, subtenants, and concessionaires, their successors and assigns and any other Persons authorized hereunder or otherwise by Hospital or its successors and assigns, to be on the Campus. 1.12 "HR Permittees" shall mean HR and its officers, directors, employees, agents, partners, contractors, customers, visitors, invitees, licensees, lessees, tenants, subtenants, and concessionaires, their successors and assigns and any other Persons authorized hereunder or otherwise by HR or its successors and assigns, to be on the Campus. 1.13 "Land" means the real property described in Exhibit A attached to this Agreement and made a part hereof, which is leased by the Hospital to HR pursuant to the Ground Lease. 1.14 "MOB" means the 86,049± gross s.f. medical office building owned by HR and located on the Land commonly known as of the Effective Date as the "Scott & White Clinic". 1.15 "Mortgage Lender" means any lender or an agent for a syndicate of lenders that is the owner of a promissory note, the indebtedness evidenced by which is secured by a lien on the MOB and/or the leasehold in the Land or by the Campus or any portion thereof, as applicable. 1.16 "Parking Areas" shall mean all parking areas on the Campus from time to time, including without limitation those parking areas currently delineated as such on the Campus Site Plan. 1.17 "Pedestrian Facilities" shall mean all facilities on the Campus designed or intended for pedestrian traffic, including but not limited to sidewalks, walkways, skybridges, -2- tunnels, staircases, elevators, restrooms, lobbies and hallways, both inside and outside the Buildings. 1.18 "Permittees" shall mean, collectively, the HR Permittees and the Hospital Permittees. 1.19 "Person" or "Persons" shall mean individuals, partnerships, associations, trusts, corporations and any other form of business entity, or one or more of them, as the context may require. 1.20 "Utilities" shall mean all utility services provided to the Buildings, including but not limited to water, sanitary sewer, electric power, natural gas and telecommunications services. 1.21 "Utility Laterals" shall mean conduits, wires, lines, pipes and mains and other necessary utility structures and improvements for the transmission and/or provision of Utilities to or through the Buildings. II. GRANT OF EASEMENTS; TERM 2.1 Grant of Reciprocal Easements. Hospital and HR, as applicable, hereby grant to one another, and their respective successors and assigns, and in favor of and appurtenant to the Land and MOB and the Campus, as applicable, the following easements over, upon, under and across the Campus and the Buildings for so long as this Agreement is in force and effect: (a) Pedestrian Access Easement. Non-exclusive access easements on, over and across all Pedestrian Facilities on the Campus, as the same may be relocated or altered as provided in Section 3.4 hereof, for the purpose of providing the Permittees with pedestrian ingress to, egress from and access to the Parking Areas and the Buildings. (b) Attachment for Adjoining Walls and Structural Support. Hospital and HR hereby grant to each other for and during the term of this Agreement the right to keep, maintain, repair and replace any attachment of adjoining walls, canopies and covered areas, ceilings and floors between the MOB and any other Building within the Campus which attachment exists as of the Effective Date. If such attached walls, canopies and covered areas, ceilings and floors are removed for any reason, the party who causes their removal shall repair all damage to and restore the portion of the Building of the other party to which the attachment was made. The parties hereto acknowledge and agree that no such walls, floors, or ceilings are party walls. (c) Utility Easements. A non-exclusive easement over, upon, through and across portions of the Campus, as the same may be relocated or altered as provided in Section 3.4 hereof, for the purpose of allowing either party the right to construct and install, repair, maintain, relocate and replace Utility Laterals and for the purpose of allowing the parties the right to use and enjoy such Utilities. HR shall give Hospital not less than five (5) Business Days advance written notice giving reasonable detail concerning any proposed construction, installation, repair, maintenance, relocation or replacement of Utility Laterals on the Campus, except in the case of an emergency in which event such notice shall be given as far in advance as reasonably practicable, and -3- Hospital shall have the right to impose and HR shall comply with any reasonable requirements concerning the proposed work, including without limitation, requirements concerning traffic control, use of materials and procedures, fill and compaction, and repair and replacement of any damage to any paving, landscaping or other improvement to the Campus. Similarly, Hospital shall give HR not less than five (5) Business Days advance written notice giving reasonable detail concerning any proposed construction, installation, repair, maintenance, relocation or replacement of Utility Laterals on the Land except in the case of an emergency in which event such notice shall be given as far in advance as reasonably practicable, and HR shall have the right to impose and Hospital shall comply with any reasonable requirements concerning the proposed work, including without limitation, requirements concerning use of materials and procedures, fill and compaction, and repair and replacement of any damage to the MOB or any other improvements to the Land. Notwithstanding the foregoing, the parties agree that as of the Effective Date, they know of no Utility Laterals (a) serving the MOB which run under or within any Hospital Building, or (b) serving any Hospital Building which run under or within the MOB. The easement granted pursuant to this paragraph shall not give HR the right to construct or place new Utility Laterals under or within any existing Hospital Building, nor shall it give Hospital the right to construct or place new Utility Laterals under or within the MOB. In the event a Utility Lateral serving either the Hospital Buildings or the MOB is discovered under or within the MOB or a Hospital Building, respectively, and such Utility Lateral requires replacement, such Utility Lateral shall be replaced in a location outside of the Building if reasonably feasible to do so. Each party may dedicate all or any portion of the easements for Utility Laterals to the use of the public or to any municipality or other governmental authority having jurisdiction over such easement; provided, that such governmental authority accepts such dedication and agrees to become responsible for maintaining such easement. TO HAVE AND TO HOLD the above described easements and rights unto Hospital and HR and their successors and assigns. 2.2 Grant of Easements by HR to Hospital. HR hereby grants to Hospital, and its successors and assigns, and in favor of and appurtenant to the Campus and the Hospital Buildings the following easements over, upon, under and across the Land and the MOB for so long as this Agreement is in force and effect: (a) Rooftop Easement. A non-exclusive easement for use of the roof of the MOB for towers, poles, antennas and similar items ("Rooftop Equipment") for use for cellular towers, satellite towers, wireless equipment and related usages by the Hospital; provided, that (a) all Rooftop Equipment must be used solely by the Hospital in connection with its healthcare business and not as part of a separate profit making venture (e.g., the easement granted in this section expressly does not afford Hospital the right to lease space on the roof of the MOB to a for profit cellular telephone service provider), and (b) the installation, construction and actual location of any such Rooftop Equipment shall be subject to HR's prior written approval thereof, which will not be unreasonably withheld. In no event shall any such Rooftop Equipment installed by Hospital interfere with the rights of HR to use and install towers, poles, antennas, communication equipment, lines and related equipment on the roof of the MOB, or interfere with the -4- operation of any communications or similar systems, lines and related equipment at the MOB (including, without limitation, on the roof of the MOB). Similarly, HR agrees that it will not take any action which interferes with the rights of Hospital to use towers, poles, antennas, communication equipment, lines and related equipment on the roof of the Hospital Buildings or interferes with the operation of any communications or similar systems, lines and related equipment at the Hospital Buildings or the Rooftop Equipment maintained by the Hospital. HR and the Hospital agree to cooperate in order to accommodate the permissible use of the rooftop of the MOB by both HR and the Hospital. All costs and expenses of installing any Rooftop Equipment by or for the benefit of the Hospital shall be paid solely by the Hospital. Further, the Hospital shall repair, at its sole cost and expense, or reimburse HR upon demand of any cost of any repairs by HR, any damage to the roof of the MOB as a result of any Rooftop Equipment installed by or for the benefit of the Hospital. Hospital shall indemnify, defend and hold HR harmless for, from and against any and all losses, liabilities or obligations, damages, penalties, claims, costs, charges, and expenses arising from or related to any Rooftop Equipment installed upon the roof of the MOB by or for the benefit of the Hospital or any use of the Easement granted to Hospital hereunder. Further, if Hospital ever discontinues use of any such Rooftop Equipment, it shall remove such Rooftop Equipment at its sole cost and expense and repair any damage to the roof of the MOB caused by such removal. (b) Controlled Access System Easement. A non-exclusive easement within the MOB for purposes of the installation, maintenance, repair and replacement of the controlled access system within the MOB as described in Section 2.4 hereof. Hospital agrees that it shall exercise its rights with respect to the easement granted under this Section 2.2(b) in such a fashion as to not interfere with the operation of the MOB or the business of the tenants and other occupants therein except as relates to the controlled access system itself TO HAVE AND TO HOLD the above described easements and rights unto Hospital and its successors and assigns. 2.3 Grant of Easements by Hospital to HR. Hospital hereby grants to HR, and its successors and assigns, and in favor of and appurtenant to the Land and MOB, the following easements over, upon, under and across the Campus and the Hospital Buildings for so long as this Agreement is in force and effect: (a) Vehicular Access Easement. Non-exclusive access easements on, over and across such paved roads, driveways and Parking Areas as may be now or hereafter located on the Campus, as the same may be relocated or altered as provided in Section 3.4 hereof, for the purpose of providing the HR Permittees with commercially reasonable vehicular ingress to, egress from, and access between the Buildings, the Parking Areas and all public and private roads adjoining the Campus. (b) Parking Easements. Non-exclusive access easements on, over and across all Parking Areas as may be now or hereafter located on the Campus, and as the same may be relocated or altered as provided in Section 3.4 hereof, and non-exclusive easements for ingress to and egress from and for parking of motor vehicles on, in and upon the Parking Areas, for the purpose of providing the HR Permittees with parking -5- privileges in the Parking Areas during such times as the operators of such vehicles are at the Buildings and for no other purpose and during no other time. Hospital shall at all times provide that there shall be a sufficient number of parking spaces made available to HR and the HR Permittees by the easement granted to HR under this Section 2.3(b) that the MOB shall have sufficient parking available to it and its users and the HR Permittees, and such parking spaces shall be at such locations on the Campus, to be in compliance with all applicable ordinances, laws, rules, regulations and other governmental requirements related to parking (herein, collectively, the "Parking Laws"). Hospital shall have the right to (i) reconfigure the layout of any parking spaces located in the Parking Areas, (ii) close temporarily any portion of the Parking Areas if necessary for repairs and maintenance, provided that Hospital is diligently completing such repairs and maintenance at all times such areas are closed, and (iii) permanently close and/or remove parking spaces and drives in the Parking Areas so long as (A) the sum of the number of parking spaces remaining available for use by the HR Permittees and the other users of the MOB in the Parking Areas after such reconfiguration or permanent closure or removal equals not less than the number of parking spaces necessary for the MOB to comply with all Parking Laws and the location of such parking spaces available to users of the MOB complies with all Parking Laws, and such parking spaces are not provided in a manner which adversely discriminates against the MOB and its users compared to the parking spaces provided to users of other buildings on the Campus, and (B) there remain at least 100 non -reserved parking spaces for use by the HR Permittees on a non-exclusive basis within 400 feet of the entrance of the MOB (as the entrance exists from time to time); provided that Hospital may provide the aforementioned 100 non -reserved parking spaces at other locations on the Campus with HR's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as the other locations are not materially less accessible to the MOB. If at any time parking on the Campus involves shuttles, such shuttles must be provided free of charge to HR and the HR Pernnittees. Hospital reserves the right to adopt reasonable rules governing the use of the Parking Areas, including without limitation, the right to denote by signage or other physical markings the following: no parking areas, fire and safety lanes, parking spaces for disabled individuals and speed limits. HR shall have the right from time to time to request Hospital to install reasonable directional signs for traffic and pedestrian control, provided that the location, design (including color and materials) and size of such signs shall be subject to approval by Hospital. HR acknowledges and agrees that Hospital shall have the right to designate reserved parking spaces in the Parking Areas, provided that (a) such designation shall not cause the MOB to be in violation of any Parking Laws, and (b) there shall remain at least 100 non -reserved parking spaces for use by the HR Permittees on a non-exclusive basis within 400 feet of the entrance of the MOB (as the entrance exists from time to time); provided that Hospital may provide the aforementioned 100 non -reserved parking spaces at other locations on the Campus with HR's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as the other locations are not materially less accessible to the MOB. HR further acknowledges and agrees that the Parking Areas may from time to time include reserved parking areas for the use of certain -6- class(es) of persons using the Parking Areas (such as doctors or staff). In connection therewith, Hospital agrees that persons within such class(es) which are HR Permittees shall not be treated in a discriminatory manner (as compared to other persons within such class(es) on the Campus) with respect to the issuance of parking rights hereunder for the use of such reserved parking areas in the Parking Areas. HR acknowledges and agrees that Hospital may charge users of the Parking Areas reasonable amounts for use of such Parking Areas; provided, that any charges for use of the Parking Areas shall be done in such a manner that HR Permittees shall not be treated in a discriminatory manner as compared to Hospital Permittees or any other persons entitled to use the Parking Areas. Without limitation of Hospital's rights in the immediately preceding sentence, HR shall not be obligated to pay any fees or other charges for its rights and the easements under this Agreement. (c) Storm Drainage and Irrigation Easements. Non-exclusive storm and surface water Drainage and Irrigation Easements (herein so called) in, on, under, over, above, across and through the entirety of the Campus, as the same may be relocated or altered as provided in Section 3.4 hereof, for the purpose of providing surface and storm water drainage and irrigation for the entirety of the Campus. (d) Easement for Connecting Covered Walkway. An easement to maintain a connecting covered walkway from the MOB to the Hospital (as shown on the Campus Site Plan), as the same may be relocated or altered as provided in Section 3.4 hereof. (e) Encroachments. While it is the intention of the parties hereto to confine the improvements on the Land to the boundaries of the Land, it is recognized that this may not be the case. Accordingly, Hospital hereby grants and declares to and for the benefit of the Land and the MOB, a perpetual exclusive right and easement for and permitting (i) encroachment of any portion of the MOB on, over and across any portion of the Campus other than the Land if and to the extent that any portion of the MOB protrudes and extends beyond the boundaries of the Land as of the Effective Date of this Agreement, (ii) any balconies, canopies, decorative fascia, roofs, overhangs, utility vaults, staircases, exterior light fixtures, pillars and other like projections and encroachments from the MOB over and across the Hospital's improvements or land, as the same exist as of the Effective Date of the Agreement (or as the same may be modified in the future so long as such modifications do not materially increase such encroachments) and (iii) for the maintenance, repair and replacement of such encroachments. (f) Service Area Easement. A non-exclusive easement (the "Service Area Easement") on, over, across and upon the area which is shown as the shaded area on Exhibit B-1 attached hereto and made a part hereof for all purposes (the "Service Area"), for the purposes of (i) pedestrian and vehicular traffic, (ii) the location, maintenance, repair, replacement, use and operation of transformers, dumpsters, generators, telephone termination boxes and other equipment to be used in connection with the ownership, use and operation of the Land and the MOB, and (iii) the construction, use, repair, replacement and maintenance of a loading dock, a service driveway and other or related facilities in connection with the ownership, use and operation of the Land and the MOB. -7- TO HAVE AND TO HOLD the above described easements and rights unto HR and its successors and assigns. 2.4 Controlled -Access System. Hospital has installed or shall install a controlled - access system within the MOB that is compatible and integrated with the controlled -access system for the remainder of the Campus. For so long as the Hospital desires that the controlled - access system of the MOB be compatible and integrated with the system for controlling -access within the Campus, HR agrees to utilize for the MOB the controlled -access system prescribed by the Hospital (and HR shall not institute any conflicting system of access control or take any other action which conflicts with or interferes with the operation of such system), as such system within the Campus may be upgraded or replaced from time to time. As long as a standard access control system is prescribed by the Hospital, the Hospital agrees to maintain the infrastructure of such controlled -access system within the MOB in good repair and working order, and to provide and readily make available card keys or other access devices to HR and the HR Permittees in such a manner as to not unreasonably limit access to the MOB by any HR Permittees. The Hospital agrees to provide reasonable notice to HR before changing the controlled -access system within the Campus, and to make similar changes to the controlled -access system within the MOB. In the event of an emergency, the Hospital may enter the MOB and make the necessary changes or upgrades to the components of the controlled -access system within the MOB. In exercising the Hospital's right to enter the MOB to make such changes or upgrades, the Hospital will provide reasonable notice to HR considering the circumstances, the Hospital agrees to use reasonable efforts to not disturb any tenants of the MOB, and the Hospital further agrees to repair any damage to the MOB that may be caused by the Hospitals' work on such system. The Hospital shall have the right, in its sole discretion, to discontinue the standard access control system for the MOB by providing not less than three (3) months prior written notice to HR thereof. HR and the Hospital shall cooperate and work in good faith to provide for efficient operation of the controlled -access system within the MOB and to cause such controlled access system to be an integrated part of the controlled -access system within the Campus. HR shall pay to Hospital its share of the operating costs and expenses associated with the services provided pursuant to this Section 2.4 as part of its payment of Tenant's CAM Share under the Ground Lease. 2.5 Term. The term of this Agreement shall commence on the date hereof and shall terminate on the expiration or earlier termination of the Ground Lease (the "Term"). III. USE OF THE EASEMENTS 3.1 Control of Entrances. (a) Hospital shall control the closing of entrances into the Hospital Buildings and other access Easement Areas situated on the Campus other than the Land and the MOB; provided that Hospital agrees to provide continuous and uninterrupted pedestrian use of the Pedestrian Facilities situated on the Campus other than the Land and the MOB, as the same may be relocated or altered as provided in Section 3.4 hereof, and continuous and uninterrupted vehicular ingress and egress to public streets and roadways at all times, subject to reasonable restrictions contained in the rules promulgated pursuant to Section 3.3 hereof. Use of the Pedestrian Facilities and other Easement Areas shall be subject to interruptions caused by Force Majeure. -8- (b) HR shall control the closing of entrances into the MOB and other access Easement Areas situated on the Land; provided that HR agrees to provide continuous and uninterrupted pedestrian use of the Pedestrian Facilities situated on the Land and the MOB, as the same may be relocated or altered as provided in Section 3.4 hereof. Use of the Pedestrian Facilities and other Easement Areas shall be subject to interruptions caused by Force Majeure. (c) The parties further acknowledge and agree that access to certain Pedestrian Facilities is and will be continued to be restricted to authorized personnel and that access to any or all Pedestrian Facilities may be temporarily limited in certain emergency situations and is subject to reasonable restrictions contained in rules promulgated pursuant to Section 3.3 hereof. Notwithstanding the foregoing, the parties agree to permit unlimited access to all Pedestrian Facilities in emergency situations which require immediate evacuation of the Buildings. (d) It is understood and agreed that the common entryways and doorways between the MOB and the adjacent Hospital Building will be made available for pedestrian access during normal business hours (as hereinafter defined); provided, however, that access between the MOB and the adjacent Hospital Building at such common entry points after normal business hours maybe controlled by cardkey access or other means as jointly agreed from time to time by HR and Hospital. Hospital and HR will cooperate to make the cardkey access cards available to selected Permittees designated by HR and the Hospital from time to time throughout the Term of this Agreement. For purposes of this Section 3.1(d), the normal business hours shall be deemed to be 6:30 a.m. to 8:00 p.m. Mondays through Fridays, and 7:00 a.m. to 5:00 p.m. on Saturdays, exclusive of normal business holidays agreed upon by HR and Hospital including, without limitation, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 3.2 Maintenance and Repair. Each party shall maintain, repair and keep (or cause to be maintained, repaired and kept), the Easement Areas under its control in a good, clean and operable condition, all in a manner it deems desirable in the exercise of its reasonable business judgment. The reasonable costs of operation, maintenance and repair of the Easement Areas shall be shared by the Hospital and HR as provided in the Ground Lease. During normal business hours of operation, each party shall cause the Parking Areas and the Pedestrian Facilities under its control to be reasonably lighted. 3.3 Promulgation of Rules and Regulations. Each party shall have the right at any time or times, to establish and/or modify and enforce reasonable rules and regulations pertaining to safety, cleanliness, appearance, noise, avoidance of nuisances, disaster response, construction practices, waste removal, security and traffic control within the Easement Areas under its control. The rules and regulations must be submitted to the other party for its approval, which approval shall not be unreasonably withheld. Any objections to the rules and regulations by a party must be made in writing to the promulgating party within thirty (30) days following receipt thereof, or such objections will be deemed waived. 3.4 Alterations, Abandonment or Vacation of Easements and Reconfiguration of Easement Areas. Notwithstanding anything to the contrary contained in this Agreement (except -9- the provisions of Section 3.5 concerning Utility Laterals), each party shall have the right to add, remove, change, modify, reconfigure, reduce, remove, restrict, remodel, alter, relocate or reconstruct the Easement Areas (collectively "Changes") under its control, without the necessity of obtaining the approval of the other party or any Permittees; provided, that (a) the rights and easements granted to the other party are not materially impaired other than on a temporary basis, (b) the Changes do not cause any portion of the Campus to cease to comply with Applicable Law in any material respect or materially diminish the value of the Buildings, (c) in no event shall the Parking Areas be modified in such a way that the MOB does not have sufficient parking available to it to comply with all Parking Laws, and (d) in no event shall the Hospital make any Changes to the Service Area Easement without the prior written consent of HR. Each party agrees that any Changes shall be diligently prosecuted to minimize the disruption to use of the Easement Areas by the other party. Each party shall have the right unilaterally, from time to time following the relocation of any easement, to abandon or vacate, either in whole or in part, the prior easement to which the relocated easement relates and to reconfigure the size and shape of Easement Areas (other than the Service Area Easement) for any reason, including without limitation, to accommodate enlargements or reductions in the size of the Buildings or partial condemnations of portions of the Campus by any lawful governmental authority. 3.5 Right to Relocate Utility Laterals and Drainage and Irrigation Equipment and Define Same. From time to time Hospital may, at Hospital's expense and without the consent of I -IR, relocate the Utility Laterals and the Drainage and Irrigation Equipment that are located outside of the Land; provided, that (1) such relocation does not result in any material interruption of utility service to the MOB, (2) the relocated Utility Laterals are of at least the same quality and have at least the same capacity as the Utility Laterals as originally installed, and (3) Hospital shall, at Hospital's sole expense, obtain, if available, and deliver to HR and any Mortgage Lender of HR an endorsement or amendment to the title policy of HR and any Mortgage Lender insuring the easement for the relocated Utility Laterals. Likewise, from time to time HR may, at HR expense and without the consent of Hospital, relocate the Utility Laterals that are located within or under the Land or the MOB; provided, that (1) such relocation does not result in any material interruption of utility service to the Hospital Buildings, (2) the relocated Utility Laterals are of at least the same quality and have at least the same capacity as the Utility Laterals as originally installed, and (3) HR shall, at HR's sole expense, obtain, if available, and deliver to Hospital and any Mortgage Lender of Hospital an endorsement or amendment to the title policy of Hospital insuring the easement for the relocated Utility Laterals. 3.6 Reservation of Rights; No Interference. Hospital and HR reserve the right to use and occupy the Easement Areas located on the Campus and the Land and the MOB, respectively, in any manner not inconsistent with this Agreement. Neither party shall exercise any rights reserved to such party in this Agreement in a manner which unreasonably interferes with the lawful and intended use of the Campus by Hospital and the Land and the MOB by HR; provided, that in no event shall an abandonment or relocation of any of the easements contained herein be deemed to be an unreasonable interference if such abandonment or relocation is necessary or appropriate for (A) compliance with any governmental order, regulation, law or ordinance, (B) compliance with the requirements of any public or private utility company, or (C) the abandonment or relocation of any other easement in connection with such abandonment or relocation pursuant to (A) or (B). -10- IV. INSURANCE AND CASUALTY 4.1 Insurance and Indemnity. (a) Each party shall purchase and maintain one or more commercial general liability and property damage insurance policies covering the Parking Areas, the Pedestrian Facilities and the other Easement Areas under its control providing aggregate coverage of not less than $5,000,000 for injury to or death of one or more persons and not less than $1,000,000 for damage to property. The amount of liability insurance coverage shall be reviewed periodically and shall be adjusted as reasonably necessary to reflect any inflationary or deflationary effects upon the amounts of such coverage. Each party shall cause the other party to be named as an additional insured under all such policies, and such coverage shall not be cancelled or changed without thirty (30) days notice to the other party. (b) To the extent that insurance does not cover and reimburse against the following claims, each party (the "Indemnitor") covenants and agrees to indemnify and hold harmless the other party (the "Indemnitee") from and against all claims, costs, expenses and liability, including reasonable attorney's fees and costs of suit incurred in connection with all claims arising from or as a result of the death of, or any accident, injury, loss or damage whatsoever caused to any Person, or the property of any Person which shall occur as a result of the negligent act or omission or willful misconduct of the Indemnitor as finally determined by a court of competent jurisdiction. (c) Hospital may comply with its insurance requirements through the use of a blanket policy. In lieu of the foregoing insurance policies, so long as Hospital has and maintains a net worth in excess of One Hundred Million and No/100 Dollars ($100,000,000.00), as determined by generally accepted accounting principles, Hospital have the right to "self -insure" against the liabilities, damages, losses and claims which would be insured under the foregoing insurance policies. As a condition to the exercise of such right, Hospital must provide thirty (30) days' prior written notice thereof to HR, which notice shall include information that reasonably demonstrates that Hospital has a net worth in excess of One Hundred Million and No/100 Dollars ($100,000,000.00), as determined by generally accepted accounting principles and shall include a confirmation from Hospital that it is obligated for payment of amounts otherwise covered by insurance as hereinabove provided. Hospital's right to "self -insure" as aforesaid shall terminate, without the necessity of any action by HR, during any period of time in which Landlord does not maintain a net worth in excess of One Hundred Million and No/100 Dollars ($100,000,000.00), as determined by generally accepted accounting principles. 4.2 Damage or Destruction. In the event the Parking Areas are damaged by fire or other casualty, the Hospital shall either (a) promptly and diligently repair and restore the damaged Parking Areas to the condition immediately preceding such fire or casualty so as to keep the easement and access rights granted herein usable by the parties consistent with any redesign, renovation or reconstruction necessitated by the damage or destruction of such Parking Areas, or (b) construct and provide alternate Parking Areas at locations not materially less accessible to users of the MOB as shall be sufficient to provide parking spaces available to the MOB in an amount sufficient to comply with all Parking Laws. -11- V. DISPUTE RESOLUTION PROCEDURE 5.1 Intent. It is intended by the parties to resolve all disputes or other matters in question arising out of or relating to the interpretation, application, performance or breach of any term, covenant or condition of this Agreement through reasonable business -like negotiations without resort to litigation. If a dispute should arise regarding the obligations of Hospital or HR pursuant to this Agreement, the parties shall attempt to resolve the dispute in accordance with this Article V (the "Dispute Resolution Procedures"). Neither party shall cease or delay performance of its obligations under this Agreement during the existence of any dispute, and all undisputed amounts owing shall be paid without offset. 5.2 Resolution Procedure. The Hospital and HR shall attempt to resolve any disputes in accordance with the following procedures: (a) Special Meeting. HR or Hospital may call a special meeting for the resolution of disputes. The meeting shall be held within five (5) Business Days of a written request for the meeting that shall specify the nature of the dispute to be resolved. The meeting shall be attended by representatives of HR and Hospital. Such representatives shall have authority to resolve the dispute and in the event that they are an attorney actively practicing law, or are going to be accompanied by an attorney actively practicing law, then they shall give the other party not less than five (5) Business Days prior notice of such fact so that both parties may be accompanied by counsel. (b) Mandatory Mediation. If the dispute has not been resolved within five (5) Business Days after the special meeting has occurred, any party thereto may, at its option, initiate a mediation proceeding which shall be attended by all parties to the dispute and which, unless all parties to such proposed mediation proceeding agree otherwise, shall be conducted by an independent mediator from Judicial Arbitration and Mediation Services in accordance with its procedures. The costs of the mediation shall be shared equally by all parties to such mediation. (c) Evidentiary Rules. The proceedings under this Section shall be subject to the applicable evidence rules and code of the State of Texas. Further, the parties agree that evidence of anything said or presented, or of any admission made during or in the course of the special meeting or mediation shall not be admissible in evidence or subject to discovery, and disclosure of such evidence shall not be compelled, in any arbitration, court action or proceeding. All communication, negotiations, or settlement discussions by and between participants or mediators in the mediation shall remain confidential. This provision shall not limit the discoverability or admissibility or evidence if all Persons who conducted or otherwise participated in the mediation consent to its disclosure. The parties expressly agree and further agree that the presentation of evidence from any expert or consultant shall not waive any attorney-client or other privilege or exclusionary rule a party may later seek to assert in another proceeding. 5.3 Limitations. The Dispute Resolution Procedures shall not in any way affect any statutes of limitation relating to any claim, dispute or other matter or question arising out of or relating to this Agreement or the breach thereof. These Dispute Resolution Procedures may be conducted before or during the pendency of any other legal proceedings. -12- VI. MISCELLANEOUS 6.1 Subordination; Mortgagee Protection. All Deeds of Trust encumbering the Campus or the leasehold estate of HR in the Land and the MOB shall be subordinate to this Agreement, which shall survive foreclosure of any such Deeds of Trust. However, nothing in this Agreement will affect the validity of any Deed of Trust. No subsequent amendment to this Agreement shall be effective unless the prior written consent of all holders of any Deeds of Trust is first obtained, which consent shall not be unreasonably withheld, qualified or delayed. 6.2 Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 6.3 Easements, Restrictions and Covenants Running With the Land. Except as expressly set forth herein to the contrary, the easements, restrictions and covenants imposed on the Campus pursuant to the terms and provisions hereof shall be binding upon all present and future owners, users and occupants of the Campus and shall inure to the benefit of Hospital, HR and their grantees, successors and assigns. Such restrictions and covenants shall run with and bind the Campus until the end of the Term of this Agreement as set forth in Section 2.5. 6.4 Easements Appurtenant. Until the end of the Term of this Agreement as set forth in Section 2.5, the easements and easement rights granted, created and made herein for the benefit of the Hospital and HR and the Campus, together with the benefits and burdens thereof, shall run with and bind the Campus, including without limitation the Land and shall bind and inure to the benefit of Hospital, HR and their respective grantees, successors and assigns. All covenants and agreements of the Hospital and HR hereunder, together with the benefits and burdens thereof, shall be deemed to be real covenants which touch and concern the Campus. All covenants and agreements hereunder may be enforced by an action for specific performance, and in the event of a violation of any such covenant or agreement, Hospital and/or HR may exercise any remedy available hereunder, at law or in equity, and recover all amounts expended in connection with exercising any such remedy (including without limitation, court costs and attorneys' fees as provided in Section 6.12 hereof). Notwithstanding anything to the contrary in this Agreement, in no event shall termination of any of the easements granted in this Agreement be a remedy by a non -defaulting party. 6.5 Survivability. The easements created herein or pursuant hereto shall not terminate as a result of the merger of estate or merger of title of the Campus and the Land under the same ownership, whether by foreclosure, merger of title to the Campus and the leasehold estate under the Ground Lease or any other cause, unless the holder of the merged estates expressly terminates this Agreement. Further, notwithstanding the provisions of Section 6.3 or 6.4 hereof, in the event that the Term of this Agreement is terminated as a result of the termination of the Ground Lease and a new lease is entered into for the benefit of any Mortgage Lender of HR or its designee or assignee or any Foreclosure Purchaser (as such term is defined in the Ground Lease), then this Agreement shall automatically and without any further action by any party be continued in full force and effect for the remainder of the term of such new lease, and Hospital will execute any documents, instruments or agreements reasonably requested by any Mortgage Lender of HR or Foreclosure Purchaser to reinstate or evidence the continuing effectiveness of this Agreement. -13- 6.6 Severability. To the extent that any provision or portion of any provision of this Agreement shall be invalid or unenforceable in any circumstance, the balance of this Agreement shall be enforceable nonetheless, and the entirety of this Agreement shall be enforceable in all other circumstances. 6.7 Counterparts. This Agreement may be signed in counterparts, each which shall be deemed an original, and when taken together shall constitute one instrument. 6.8 Notices. All notices hereunder shall be given to the Persons and in the manner specified in the Ground Lease. 6.9 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Campus, the Parking Area, the Pedestrian Facilities or the MOB or any other Easement Area to the general public or for the general public or for any public use or purpose whatsoever, it being the intention and understanding of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed solely for the benefit of the parties hereto. 6.10 Disclaimer of Derivative Rights. No consent to the modification, from time to time, or termination of the provisions of this Agreement shall ever be required of any of the Permittees; nor shall any such Permittees have any right to enforce any of the provisions herein. 6.11 No Further Effect. Nothing contained in this Agreement shall be deemed to amend or modify, or limit, affect or alter the rights, duties and obligations of Hospital and HR under the Ground Lease. 6.12 Attorneys' Fees. If any legal action, suit or proceeding is commenced bet -ween the parties regarding their respective rights and obligations under this Agreement, the prevailing party shall be entitled to recover, in addition to damages or other relief, costs and expenses, attorneys' fees and court costs (including, without limitation, expert witness fees). As used herein, the term "prevailing party" shall mean the party which obtains the principal relief it has sought, whether by compromise, settlement or judgment. If the party which commenced or instituted the action, suit or proceeding shall dismiss or discontinue it without the concurrence of the other party, such other party shall be deemed the prevailing party. 6.13 Interdependent Agreements. Hospital and HR acknowledge and agree that their covenants and obligations contained in this Agreement and the Ground Lease (collectively, the "Interdependent Agreements") are interdependent and that they have been structured as separate agreements only for convenience in drafting. Neither of the Interdependent Agreements would have been executed and delivered by either Hospital or HR without the other being executed and delivered simultaneously. No Interdependent Agreement may be assigned by Hospital or HR unless both Interdependent Agreements are so assigned; provided, that the foregoing acknowledgement shall not be construed to permit any assignment in contravention of either of the Interdependent Agreements. 6.14 Subject to Existing Encumbrances. Hospital and HR acknowledge that the Campus is subject to various easements, restrictions, and other encumbrances as of the Effective Date hereof ("Encumbrances"), established by recorded documents, which include without -14- limitation, (i) Restrictive Covenant and Easement Agreement recorded as Document No. 2001083831, Official Public Records of Williamson County, Texas; (ii) Declaration of Restrictive Covenants Agreement recorded as Document No. 2005043879, Official Public Records of Williamson County, Texas; (iii) First Amendment to Declaration of Restrictive Covenants Agreement recorded as Document No. 2005064785, Official Public Records of Williamson County, Texas; (iv) Warranty Deed recorded in Volume 793, Page 130, Official Public Records of Williamson County, Texas; and (v) The Final Plat of Scott And White Subdivision Section One recorded in Cabinet AA, Slides 328-329, Plat Records of Williamson County, Texas. Notwithstanding anything to the contrary in this Agreement, all rights, privileges, and responsibilities set forth in this Agreement are subject and subordinate to the Encumbrances. Hospital shall abide by the terms and provisions of all Encumbrances validly affecting the Campus as of the Effective Date hereof. 1-1R shall not take any action that violates the Encumbrances validly affecting the Campus as of the Effective Date hereof. [Signature Pages Follow] -15- IN WITNESS WHEREOF, the Hospital has executed this Reciprocal Easement Agreement as of the date first set forth above. SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION, a Texas non-profit corporation By: Name: Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2007, by of SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION, a Texas non- profit corporation, on behalf of said corporation. My Commission Expires: -16- Notary Public IN WITNESS WHEREOF, HR has executed this Reciprocal Easement Agreement as of the date first set forth above. HR ACQUISITION OF SAN ANTONIO, LTD., an Alabama limited partnership By: Healthcare Acquisition of Texas, Inc., an Alabama corporation, its general partner By: Name: Title: STATE OF TENNESSEE COUNTY OF DAVIDSON This instrument was acknowledged before me on , 2007, by of Healthcare Acquisition of Texas, Inc., an Alabama corporation, which is the general partner of HR ACQUISITION OF SAN ANTONIO, LTD., an Alabama limited partnership, on behalf of said limited partnership. My Commission Expires: R:HRT\SCOTT & WH[TEIREA\REA7.DOC -17- Notary Public STATE OF TEXAS COUNTY OF WILLIAMSON I�al�l 6 PGS WATER LINE EASEMENT § 045058 CAnn I KNOW ALL BY THESE PRESENTS: That SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION, a Texas non-profit corporation, whose mailing address is 2401 South 31" Street, Temple, Texas 76508; and its successors and assi s (hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN and No/100 DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF ROUND ROCK, TEXAS, a municipal corporation, (hereinafter referred to as "Grantee"), whose mailing address is 221 East Main St., Round Rock, Texas, 78664, the receipt and sufficiency of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Grantee a perpetual easement and right-of-way to construct, install, operate, maintain, inspect, reconstruct, enlarge, relocate, rebuild, repair, and remove a water distribution system and water lines, together with all necessary lines, pipes, conduits, valves, vaults, manholes, ventilators, and other equipment, improvements, accessories and appurtenances or operations thereto, in, upon, over, under, above and across the following described property of Grantor, to -wit: See Exhibit "A" attached hereto and made a part hereof, describing a waterline easement consisting of 1,380 square foot tract out of the Eprhaim Evans Survey, Abstract No. 212, situated in Williamson County, Texas, being a portion of Lot 1, Block "A", Scott and White Subdivision Section One, a Subdivision of record in Cabinet AA, Slides 328-329, of the Plat Records of Williamson County, Texas; tsaid 1,380 square foot tract being more particularly described by metes and bounds as indibated; See "Sketch to Accompany Description" attached' hereto and trade a part hereof for all intents and purposes hereunto and in any wise pertaining, showing such easement. This conveyance is made and accepted subject to al] conditions and restrictions, if any, relating to the hereinabove described property to the extent, and only to the extent, that the same may still be in force and effect and shown of record in the office of the County Clerk of Williamson County, Texas. Except as otherwise noted, the easement, rights and privileges herein granted shall be perpetual; provided, however, that said easement, rights and privileges shall cease and revert to Grantor in the event the said water line is abandoned, or shall cease to be used, for a period of five (5) consecutive years. Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant without the express written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to review any proposed easement or conflicting use of the easement to determine the effect, if any, on the water lines contemplated herein. Prior to granting its consent for other easements, Grantee may require reasonable safeguards to protect the integrity of the water lines. As required by this paragraph, express written consent of Grantee shall be obtained by Grantor in the following manner. advance written notice must be given by certified mail to the (1) City of Round Rock City Manager at 221 East Main Street, Round Rock, Texas 78664, and (2) City Engineer at 2008 Enterprise Drive, Round Rock, Texas 78664. Following receipt of such notice, the City of Round Rock shall have ten (10) days in which to respond in writing granting consent, conditioning consent upon 0009}846/jkg! 1 Description: Williamson, 7X Document -Year. DocID 2006.45058 Page: 1 of 7 Order: A Comment: reasonable safeguards, or denying consent. Grantor further grants to Grantee: (a) the right of ingress to and egress from the easement over and across Grantor's property by means of roads and lanes thereon, if such exist, otherwise by such mute(s) as shall occasion the least practicable damage or inconvenience to Grantor; provided that such ingress and egress right shall not extend to any portion of Grantor's property isolated from the easement by any public highway or road now or hereafter crossing the property; the foregoing right of' ingress and egress includes the right of Grantee to disassemble, remove, take down, and clear away any barricade or other structure which obstructs, prevents, or hinders Grantee's ingress to and egress from Grantor's property, and should Grantee deem it necessary to so disassemble, remove, take down, or clear away any such barricade or other structure, Grantee shall, as soon as is reasonably feasible, replace or restore Grantor's property to as similar a condition as is reasonably practicable as existed immediately prior to Grantee's actions pursuant to this provision, unless said barricade or other structure is inconsistent with rights,conveyed to Grantee herein; the right of construction, maintaining and using such roads on and across the property as Grantee may deem necessary in the exercise of the right of ingress and egress; the right to mark the location of the easement by suitable markers, provided that such markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of the easement; (0 (g) the right to grade the easement for the full width thereof and to extend the cuts and fills for such grading into and on the land in tlse easement to such extent as Grantee may find reasonably necessary; the right from time to time to trim and to cut down and clear away any and all trees and brush now or hereafter on the easement and to trim and to cut down and clear away any trees on either side of the easement which now or hereafter in the reasonable opinion of Grantee may be a hazard to the pipeline, valves, appliances or fittings, by reason of the danger of falling thereon or root infiltration therein, or which may otherwise interfere with the exercise of Grantee's rights hereunder; provided, however, Grantee will provide written notice to Grantor prior to removal of any trees outside of the easement, and provided that all trees which Grantee is hereby authorized to cut and remove, if valuable for timber or firewood, shalt continue to be the property of Grantor, but all tops, lops, brush and refuse wood shall be burned or removed by Grantee, but if any of the trees removed by Grantee were previously required by Grantee, then Grantee will replace them in a location and to the extent necessary to prevent Grantor from being in violation of any other requirement of Grantee; the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the easement, if other access to the easement is not reasonably adequate; and the right to support the pipelines across ravines and watercourses with such structures as Grantee shall deem necessary. 2 Description: Williamson, TX Document-YearpocID 2006.45058 Page: 2 of 7 Order: A Comment: Grantee hereby covenants and agrees: (a) Grantee shall not fence the easement; (b) Grantee shall promptly backfill any trench made by it on the easement and repair any damage it shall do to Grantor's private roads or lanes on the lands; and Grantee shall indemnify Grantor against any loss and damage which shall be caused by the exercise of the rights of ingress and egress or by any wrongful or negligent act or omission of Grantee's agents or employees in the course of their employment. Grantor also retains, reserves, and shall continue to enjoy the surface of such easement for any and all purposes which do not interfere with and prevent the use by Grantee of the easement, including the right to build and use the surface of the easement for private streets, roads, driveways, alleys, walks, gardens, lawns, parking areas and other like uses; provided Grantor shall not erect or construct on the easement any building or other structure such as a patio, swimming pool, sport court, storage shed, accessory building, barbeque pit or similar structure, ©r drill or operate any well, or construct any reservoir or other obstruction on the easement, or diminish or substantially add to the ground cover over the pipelines. Grantee shall not be responsible or liable for the removal, repair or damage to any property, structure, building, or other use inconsistent with the rights conveyed to Grantee by the easement. Provided however, before constructing any non -interfering improvements listed in this paragraph, at least ten (10) days' written notice shall be provided to Granted of the general plans of the improvement to be constructed on the easement, and Grantor must first obtaitt the consent and approval from Grantee of the construction and location of any improvements within the easement. (0) It is understood and agreed that any and all equipment and facilities placed upon said property by Grantee shall remain the property of Grantee. Grantor hereby dedicates the easement as a public utility water line easement for the purposes stated herein. TO HAVE AND TO HOLD the rights and interests described unto Grantee and its successors and assigns forever, and Grantor does hereby bind itself, and its successors and assigns and legal representatives, to warrant and forever defend, all and singular, the above-described easement and rights and interests unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. IN WFNESS WHEREOF, Grantor has caused this instrument to be executed this J day of Marc, , 2006. 3 Description: Williamson, 7X Document -Year. DocID 2006.45058 Page: 3 of 7 Order: A Comment: GRANTOR: SCOTT and WHITE MEMORIAL HOSPITAL and SCOTT, SHERWOOD and BRINDLEY FOUNDATION a Texas non-profit corporation BY: ALFRED B. KNIGHT, M.D. President and Chief Executive Officer ACKNOWLEDCIMENT THE STATE OF Tiy64 COUNTY OF 4--a § This instrument was acknowledged before me on this the 1) day of nu 4, 2006, by ALFRED B. KNIGHT, M.D., President and Chief Executive Officer for Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation, a Texas non-profit corporation, known by me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to cne that he executed the same as the act and deed and in the capacity and for the purposes and consideration therein expressed, and that he was authorized to do so on behalf of said partnership. OIRRI L. BECKHAM • Notary Public - State 01 Texas Commission Expires: 05124107 After recording please return to: Sheets & Crossfield, P.C, 309 East Main Street Round Rock, Texas 78664 nAlc Notary Public, State of Texas 4 Description: Williamson, TX Document -Year. Doc/D 2006.45058 Page: 4 of 7 Order: A Comment. 1,380 SQUARE FOOT WATERLINE EASEMENT SCOTT AND WHITE SUBDIVISION DESCRIPTION 051228..1 FN. NO. 05-591(ACD) NOVEMBER 8, 2005 BPI JOB NO. 392-34.95 OF ? 1,360 SQUARE FOOT TRACT OF LAND OUT OF THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK "A", SCOTT AND WHITE SUBDIVISION SECTION ONE, A SUBDIVISION OF RECORD IN CABINET AA, SLIDES 328- 329, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 1,380 SQUARE FOOT TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING, for reference, at a 1/2 -inch iron rod with cap set for the common westerly corner of said Lot 1 and Lot 2, of said Block "A", being an the future easterly right-of-way line of Oakmont Drive (100' R.O.W.); THENCE, S65°42'54"E, leaving said easterly right-of-way line, along the line common to the northerly line of said Lot 2 and the southerly line of said Lotl, a distance of 28.05 feet to a point at the westerly terminus of that certain Waterline Easement of record, dedicated by said Cabinet AA, Slides 328- 329; THENCE, N69°17'01"E, leaving said northerly line of Lot 2, over and across said Lot 1, along the northerly line of said Waterline Easement of record, a distance of 12.17 feet to the POINT OF BEGINNING and southwesterly corner hereof; THENCE, continuing over and across said Lot 1, along the outer lines hereof, the following four (4) courses and distances: 1) N20°42'59"W, a distance of 28.75 feet to the northwesterly corner hereof; 2) N69°17'01"E, a distance of. 48.00 feet to the northeasterly corner hereof; 3) S20°42'59"E, a distance of 28.75 feet to a point on the northerly line of said Waterline Easement of record, for the southeasterly corner hereof; 4) S69°17'01"W, along the northerly line of said Waterline Easement of record, a distance of 48.00 feet to the POINT OF BEGINNING, and containing 1,380 square feet of land, more or less, within these metes and bounds. BURY+PARTNERS, INC. ENGINEERS -SURVEYORS 3345 BEE CAVE ROAD SUITE 200 AUSTIN, TEXAS 78746 JOHN . l�I LNOSKI , NO. 998 STAT OF TEXAS Description: Williamson, TX Document -Year. DocID 2006.45058 Page: 5 of 7 Order: A Comment: 1 .L.S. :361W T E FLNOSKl L tor ilct- ° yFs �,°,'�O SUkl �\ fiat r � 40 80 120 160 1"= 80' CHANDLER 1H35 RETAIL, LTD. 35.098 ACRES DOC. NO. 2005043877 LEGEND HOSPIRA, INC. DOC. 2004038477 LOT 1, BLOCK 'A' OAKMONT CENTRE SECTION TWO CAB. F, SL, 174 • 1/2" IRON ROD FOUND (UNLESS NOTED) 1/2" IRON ROD SET P.O.0 POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING C � s 951228.1 UNE TABLE No. Bearing Length 11 N20'42'59"W 28.75' L2 N6917'01"E 48.00' L3 520'42'59"E 28.75' 14 55917'01"W 48.00' L5 565'42'54"E 28.05' 16 146917'01"f 12.17' t---20' LANDSCAPE EASEMENT CAB. AA, 5L. 328-329 SCOTT AND WHITE SUBDIVISION SECTION ONE CAB. AA, SL, 328-329 BLOCK 'A' 10' P.U.E. CAB. AA, SL. 328-329 1,380 S.F. 5 L6 15' WATER UNE EASEMENT CAB. AA, SL. 328-329 LOT 1 !4 RSB. LDT 2 40 CHANDLER ROAD (R.O.W. VARIES) 15' P.U.E. YOL. 793, PG, 123 CHANDLER CREEK, LP DOC. 2001039009 LOT 1, BLOCK 'A' OAKMONT CENTRE SECTION SEVEN CAB. 1, SL. 296-297 BEARING BASIS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE BASED ON PUBLISHED NAD 83/93 HARN VALUES FOR THE CITY OF GEORGETOWN MONUMENTAPON NETWORK. Bury -i -Partners E NOINEEEINO l OLUTION$ 9315 Hee Cum Anal. Suite 200 A,i.U,. Tau 70701 70. (51211214011 P. (5)2)920-n25 $ur7+?slier,, lac. OCoP7r{1hl 2005 SKETCH TO ACCOMPANY' DESCRIPTION OF A 1,380 SQUARE FOOT TRACT OU OF THE EPHRAIM EVM S SURVEY ABSTRACT N0 212, SITUATE 114 1M1LIAMSON COUNTY, TEXAS, 9EI190 A PORTION OF L07 1, B CK `A", SCOTT AND WHITE SUBDIVISION SECTION ONE, A SUBDIVIS NOF RECORD IN CABINET AA, SLIDES 328-329, OF THE PLAT ECORDS OF WILLIAMSON COUNTY, TEX . DATE: 11/08/05 I FILE: H: \392\34\39234EX3.dwg SCOTT AND WHRE FN No.: 05-591(ACD) DRAWN 9Y: ACD PRO.!. No: 392-34.95 Description: Williamson, TX Document -Year. DocID 2006.45058 Page: 6 of 7_ Order: A Comment: FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2.045)58 0S/B2/2006 02:06 PM PHERBRICH ;36.80 NANCY E. RISTER, COUNTY CLERK WILLIAMMSON COUNTY, TEXAS I Description: Williamson,7X Document-Year.DocID 2006.45058 Page: 7 of 7 Order: A Comment: EXHIBIT A LEGAL DESCRIPTION OF THE LAND Scott and White Clinic 0.701 Acre Tract Page 1 of 13 DESCRIPTION FOR A 0.701 ACRE TRACT OF LAND SITUATED IN THE EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK A, SCOTT AND WHITE SUBDIVISION, A SUBDIVISION RECORDED IN CABINET AA, SLIDES 328 — 329 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.701 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at a cotton gin spindle found for the southeast corner of said Lot 1, same being the northeast corner of Lot 2, Block A, of said Scott and White Subdivision, being on the west line of a called 107.44 acre tract of land as described in that deed to NNP-Teravista LP and recorded in Document No. 2001001639 of the Official Records of said county; THENCE through the interior of said Lot 1, N 66° 03' 02" W for a distance of 944.89 feet to the southeast corner and POINT OF BEGINNING hereof; THENCE continuing through the interior of said Lot 1, the following one hundred eighty-four (184) courses and distances: 1) S 69° 15' 49" W for a distance of 8.40 feet to an angle point hereof, 2) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 3) S 69° 15' 49" W for a distance of 6.00 feet to an angle point hereof, 4) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 5) S 69° 15' 49" W for a distance of 4.00 feet to an angle point hereof, 6) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 7) S 69° 15' 49" W for a distance of 6.00 feet to an angle point hereof, 8) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 9) S 69° 15' 49" W for a distance of 14.00 feet to an angle point hereof, 10) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, Scott and White Clinic 0.701 Acre Tract Page 2 of 13 11) S 69° 15' 49" W for a distance of 6.00 feet to an angle point hereof, 12) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 13) S 69° 15' 49" W for a distance of 4.00 feet to an angle point hereof, 14) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 15) S 69° 15' 49" W for a distance of 6.00 feet to an angle point hereof, 16) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 17) S 69° 15' 49" W for a distance of 14.00 feet to an angle point hereof, 18) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 19) S 69° 15' 49" W for a distance of 6.00 feet to an angle point hereof, 20) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 21) S 69° 15' 49" W for a distance of 4.00 feet to an angle point hereof; 22) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 23) S 69° 15' 49" W for a distance of 6.00 feet to an angle point hereof, 24) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 25) S 69° 15' 49" W for a distance of 14.00 feet to an angle point hereof, 26) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 27) S 69° 15' 49" W for a distance of 6.00 feet to an angle point hereof, 28) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 29) S 69° 15' 49" W for a distance of 5.10 feet to an angle point hereof, 30) S 20° 44' 11" E for a distance of 14.60 feet to an angle point hereof, 31) N 69° 15' 49" E for a distance of 1.10 feet to an angle point hereof, Scott and White Clinic 0.701 Acre Tract Page 3 of 13 32) S 20° 44' 11" E for a distance of 5.00 feet to an angle point hereof, 33) S 69° 15' 49" W for a distance of 5.00 feet to an angle point hereof, 34) N 20° 44' 11" W for a distance of 1.60 feet to an angle point hereof, 35) S 69° 15' 49" W for a distance of 24.00 feet to an angle point hereof, 36) S 20° 44' 11" E for a distance of 1.60 feet to an angle point hereof, 37) S 69° 15' 49" W for a distance of 5.00 feet to the southwest corner hereof, from which an "X" found in concrete for the most westerly southwest corner of said Lot 1 bears, S 32° 05' 45" W for a distance of 989.09 feet, 38) N 20° 44' 11" W for a distance of 5.00 feet to an angle point hereof, 39) N 69° 15' 49" E for a distance of 1.10 feet to an angle point hereof, 40) N 20° 44' 11" W for a distance of 24.00 feet to an angle point hereof, 41) S 69° 15' 49" W for a distance of 1.10 feet to an angle point hereof, 42) N 20° 44' 11" W for a distance of 5.00 feet to an angle point hereof, 43) N 69° 15' 49" E for a distance of 5.00 feet to an angle point hereof, 44) S 20° 44' 11" E for a distance of 1.10 feet to an angle point hereof, 45) N 69° 15' 49" E for a distance of 2.70 feet to an angle point hereof, 46) N 20° 44' 11" W for a distance of 5.10 feet to an angle point hereof, 47) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 48) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 49) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 50) N 20° 44' 11" W for a distance of 14.00 feet to an angle point hereof, 51) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, Scott and White Clinic 0.701 Acre Tract Page 4 of 13 52) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 53) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 54) N 20° 44' 11" W for a distance of 4.00 feet to an angle point hereof, 55) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 56) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 57) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 58) N 20° 44' 11" W for a distance of 14.00 feet to an angle point hereof, 59) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 60) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 61) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 62) N 20° 44' 11" W for a distance of 4.00 feet to an angle point hereof, 63) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 64) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 65) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 66) N 20° 44' 11" W for a distance of 14.00 feet to an angle point hereof, 67) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 68) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 69) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 70) N 20° 44' 11" W for a distance of 4.00 feet to an angle point hereof, 71) S 69° 15' 49" W fora distance of 1.00 feet to an angle point hereof, 72) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, Scott and White Clinic 0.701 Acre Tract Page 5 of 13 73) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 74) N 20° 44' 11" W for a distance of 14.00 feet to an angle point hereof, 75) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 76) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 77) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 78) N 20° 44' 11" W for a distance of 4.00 feet to an angle point hereof, 79) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 80) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 81) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 82) N 20° 44' 11" W for a distance of 14.00 feet to an angle point hereof, 83) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 84) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 85) N 69° 15' 49" E for a distance of 1.50 feet to an angle point hereof, 86) N 20° 44' 11" W for a distance of 4.60 feet to an angle point hereof, 87) S 69° 15' 49" W for a distance of 4.40 feet to an angle point hereof, 88) S 20° 44' 11" E for a distance of 1.10 feet to an angle point hereof, 89) S 69° 15' 49" W for a distance of 12.60 feet to an angle point hereof, 90) N 20° 44' 11" W for a distance of 14.80 feet to an angle point hereof, 91) N 69° 15' 49" E for a distance of 16.50 feet to an angle point hereof, 92) N 20° 44' 11" W for a distance of 3.60 feet to an angle point hereof, 93) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, Scott and White Clinic 0.701 Acre Tract Page 6 of 13 94) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 95) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 96) N 20° 44' 11" W for a distance of 14.00 feet to an angle point hereof, 97) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 98) N 20° 44' 11" W for a distance of 6.00 feet to an angle point hereof, 99) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 100) N 20° 44' 11" W for a distance of 5.60 feet to an angle point hereof, 101) S 69° 15' 49" W for a distance of 1.80 feet to an angle point hereof, 102) N 20° 44' 14" W for a distance of 0.98 feet to the northwest corner hereof, from which an iron rod found with "Bury -Partner" cap for the northwest corner of said Lot 1 bears, N 26° 59' 51" W for a distance of 1210.06 feet, 103) N 69° 17' 56" E for a distance of 32.74 feet to an angle point hereof, 104) S 20° 42' 04" E for a distance of 0.56 feet to an angle point hereof, 105) S 69° 15' 49" W for a distance of 1.24 feet to an angle point hereof, 106) S 20° 44' 11" E for a distance of 4.60 feet to an angle point hereof, 107) N 69° 15' 49" E for a distance of 6.60 feet to an angle point hereof, 108) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 109) N 69° 15' 49" E for a distance of 14.00 feet to an angle point hereof, 110) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 111) N 69° 15' 49" E for a distance of 6.00 feet to an angle point hereof, 112) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 113) N 69° 15' 49" E for a distance of 4.00 feet to an angle point hereof, Scots and White Clinic 0.701 Acre Tract Page 7 of 13 114) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 115) N 69° 15' 49" E for a distance of 6.00 feet to an angle point hereof, 116) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 117) N 69° 15' 49" E for a distance of 14.00 feet to an angle point hereof, 118) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 119) N 69° 15' 49" E for a distance of 6.00 feet to an angle point hereof, 120) S 20° 44' 11" E fora distance of 1.00 feet to an angle point hereof, 121) N 69° 15' 49" E for a distance of 4.00 feet to an angle point hereof, 122) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 123) N 69° 15' 49" E for a distance of 6.00 feet to an angle point hereof, 124) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 125) N 69° 15' 49" E for a distance of 14.00 feet to an angle point hereof, 126) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 127) N 69° 15' 49" E for a distance of 6.00 feet to an angle point hereof, 128) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 129) N 69° 15' 49" E for a distance of 4.00 feet to an angle point hereof, 130) N 20° 44' 11" W for a distance of 1.00 feet to an angle point hereof, 131) N 69° 15' 49" E for a distance of 6.00 feet to an angle point hereof, 132) S 20° 44' 11" E for a distance of 1.00 feet to an angle point hereof, 133) N 69° 15' 49" E for a distance of 24.70 feet to the northeast corner hereof, from which an iron rod found with "Bury -Partner" cap for the northeast corner of said Lot 1 bears, N 16° 28' 35" E for a distance of 1189.74 feet, Scott and White Clinic 0.701 Acre Tract Page 8 of 13 134) S 20° 44' 11" E for a distance of 32.70 feet to an angle point hereof, 135) S 69° 15' 49" W for a distance of 16.30 feet to an angle point hereof, 136) S 20° 44' 11" E for a distance of 5.60 feet to an angle point hereof, 137) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 138) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 139) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 140) S 20° 44' 11" E for a distance of 4.00 feet to an angle point hereof, 141) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 142) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 143) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 144) S 20° 44' 11" E for a distance of 14.00 feet to an angle point hereof, 145) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 146) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 147) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 148) S 20° 44' 11" E for a distance of 4.00 feet to an angle point hereof, 149) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 150) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 151) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 152) S 20° 44' 11" E for a distance of 14.00 feet to an angle point hereof, 153) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 154) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, Scott and White Clinic 0.701 Acre Tract Page 9 of 13 155) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 156) S 20° 44' 11" E for a distance of 4.00 feet to an angle point hereof, 157) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 158) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 159) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 160) S 20° 44' 11" E for a distance of 14.00 feet to an angle point hereof, 161) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 162) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 163) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 164) S 20° 44' 11" E for a distance of 4.00 feet to an angle point hereof, 165) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 166) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 167) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 168) S 20° 44' 11" E for a distance of 14.00 feet to an angle point hereof, 169) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 170) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 171) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 172) S 20° 44' 11" E for a distance of 4.00 feet to an angle point hereof, 173) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 174) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 175) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, Scott and White Clinic 0.701 Acre Tract Page 10 of 13 176) S 20° 44' 11" E for a distance of 14.00 feet to an angle point hereof, 177) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 178) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 179) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 180) S 20° 44' 11" E for a distance of 4.00 feet to an angle point hereof, 181) N 69° 15' 49" E for a distance of 1.00 feet to an angle point hereof, 182) S 20° 44' 11" E for a distance of 6.00 feet to an angle point hereof, 183) S 69° 15' 49" W for a distance of 1.00 feet to an angle point hereof, 184) S 20° 44' 11" E for a distance of 8.40 feet to the POINT OF BEGINNING and containing 0.701 acre of land. Bearing basis is grid north for the Texas Central Zone (4203) NAD 83/93 HARN. Surveyed under the direct supervision of the undersigned during June, 2007: M.. garet A. men Registered Professional Land Surveyor No. 5589 BAKER-AICKLEN & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 (512) 260-3700 MARGARET A. NOLEN "7"...p_ 5aR9 �� 4 "t4 `9 0$*. -r/ SuV. Job No.: 0287-3-016.23 Filename: W:\PROJECTS\SCOTT WHITE\PROJECTS\CLINIC\METES AND BOUNDS\SCOTT AND WHITE CLINIC.DOC H-- / LOT 1A, BLOCK A [x / 56.75 ACRES / / / SKETCH TO ACCOMPANY DESCRIPTION /// co Q/ ���� // / / ,0ri: (v / / O O' / Q' $�?�c / 0 150 300/ \ -,/ / / I / I / Iz / / ,� If", / PROPOSED F — SUBJECT TRACT 0.701 ACRE LEGEND O IRON ROD WITH "BURY -PARTNER" CAP FOUND CGSA COTTON GIN SPINDLE FOUND F® "X" FOUND IN CONCRETE LOT 1, BLOCK A TERAVISTA SECTION 32 r SUBDIVISION PHASE ONE I CAB. CC, SLIDES 108 - 109 1 POINT OF / BEGINNING N / \ / PROPOSED \ / v , / LOT 2A, BLOCK /\'68, 95591 — — 9.83 ACRES / \ 00, �� 1 / \oma �y / I 1 Q� '1%��7 / / \`'�sr � / / LOT 1, BLOCK A \ `9'�' / / / SCOTT AND WHITE SUBDIVISION / / / / CABINET AA, SLIDES 328 - 329 UNIVERSITY DRIVE (R.O.W. WIDTH VARIES) REFERENCE BEGINNING FOR LOT 2, BLOCK A SCOTT AND WHITE SUBDIVISION CABINET AA, SLIDES 328 - 329 DATE: JUNE, 2007 IAJOB NO.: 0287-3-016-23BAKER-AICKLEN 4669RUBHY GREEK R0. BY: M. NOLEN & ASSOCIATES, INC. CECWR PARK' TX 76613 PAGE 11 OF 13 Engineers • Surveyors • GIS • Planning 1612) 260.2700 W:\PROJECTS\SCOTT WHITE \PROJECTS\CLINIC\OWG\SC OTT AND WHITE CLINIC.tlwg [PAGE 11J June 22, 2007 - 4:009m SKETCH TO ACCOMPANY DESCRIPTION 8 L103 L113 L121 7 L107 L109 L111 L115 L117 L119 L123 L125 L99 g r Rr r r r r �N L97 oo N O A O 00 ON ii.) L95 L93 L91 IJ L87 L89 L85 r�' L83 L81 L79 L77 L75 L73 L71 L69 L67 L65 L63 161 L59 L57 L55 L53 L51 r L43 r r- 2 8 1 CD rn r V r 0 rn 8 L49 L47 L39 L37 L35 L29 co L31 r N L33 7 0 15 30 SUBJECT TRACT 0.701 ACRE L21 L25 L23 L19 DATE: JUNE, 2007 / JOB NO.: 0287-3-016-23 BY: M. NOLEN PAGE 12 OF 13 L13 L17 L15 L11 r1 to A N L133 F I 1- NN W W co co 0 N L135 L137 co y L139 r o L141 L143 r L145 L147 L149 L151 L153 L155 L157 rn L159 co 71- r 0 L161 r L163 N L165 r- ' L167 rn ✓ rn 00 L169 L171 L173 L175 L177 L179 L181 L183 L9 L7 L5 L3 L1 - W a) d 0 r • j 2Th 9L n qL r m N r O) 0 POINT OF BEGINNING \ BAKER-AICKLEN 405[RUSHY CREEK RD. & ASSOCIATES, INC. CEDAR PARK,T 771613 Engineers • Surveyors • GIS • Planning t67 2603700 W:\PROJECTS\SCOTT WHITE\PROJECTS\CLINICIDWGISCOTT AND WHITE CLINIC.dwg [PAGE 121 June 22, 2007 - 4:08pm SKETCH TO ACCOMPANY DESCRIPTION LINE TABLE NO. BEARING DIST. NO. BEARING DIST. NO. BEARING DIST. NO. BEARING DIST. 11 S 69°15'49" W 8.40' L47 S 69°15'49" W 1.00' L93 S 69°15'49" W 1.00' L139 S 69°15'49" W 1.00' L2 S 20°44'11" E 1.00' L48 N 20°44'11" W 6.00' L94 N 20°44'11" W 6.00' L140 S 20°44'11" E 4.00' L3 S 69°15'49" W 6.00' L49 N 69°15'49" E 1.00' L95 N 69°15'49" E 1.00' L141 N 69°15'49" E 1.00' L4 N 20°44'11" W 1.00' 150 N 20°44'11" W 14.00' L96 N 20°44'11" W 14.00' L142 S 20°44'11" E 6.00' L5 S 69°15'49" W 4.00' L51 S 69°15'49" W 1.00' L97 S 69°15'49" W 1.00' L143 S 69°15'49" W 1.00' L6 S 20°44'11" E 1.00' L52 N 20°44'11" W 6.00' L98 N 20°44'11" W 6.00' 1144 S 20°44'11" E 14.00' L7 S 69°15'49" W 6.00' L53 N 69°15'49" E 1.00' L99 N 69°15'49" E 1.00' L145 N 69°15'49" E 1.00' L8 N 20°44'11" W 1.00' 154 N 20°44'11" W 4.00' 1100 N 20°44'11" W 5.60' L146 S 20°44'11" E 6.00' L9 S 69°15'49" W 14.00' L55 S 69°15'49" W 1.00' L101 S 69°15'49" W 1.80' L147 5 69°15'49" W 1.00' L10 S 20°44'11" E 1.00' L56 N 20°44'11" W 6.00' L102 N 20°44'14" W 0.98' L148 S 20°44'11" E 4.00' L11 S 69°15'49" W 6.00' L57 N 69°15'49" E 1.00' L103 N 69°17'56" E 32.74' L149 N 69°15'49" E 1.00' L12 N 20°44'11" W 1.00' L58 N 20°44'11" W 14.00' 1104 S 20°42'04" E 0.56' L150 S 20°44'11" E 6.00' L13 S 69°15'49" W 4.00' 159 S 69°15'49" W 1.00' L105 S 69°15'49" W 1.24' L151 S 69°15'49" W 1.00' L14 S 20°44'11" E 1.00' L60 N 20°44'11" W 6.00' L106 S 20°44'11" E 4.60' L152 S 20°44'11" E 14.00' L15 S 69°15'49" W 6.00' L61 N 69°15'49" E 1.00' ' L107 N 69°15'49" E 6.60' L153 N 69°15'49" E 1.00' L16 N 20°44'11" W 1.00' L62 N 20°44'11" W 4.00' L108 S 20°44'11" E 1.00' L154 S 20°44'11" E 6.00' L17 S 69°15'49" W 14.00' L63 S 69°15'49" W 1.00' L109 N 69°15'49" E 14.00' L155 S 69°15'49" W 1.00' L18 S 20°44'11" E 1.00' L64 N 20°44'11" W 6.00' L110 N 20°44'11" W 1.00' L156 S 20°44'11" E 4.00' L19 S 69°15'49" W 6.00' L65 N 69°15'49" E 1.00' 1111 N 69°15'49" E 6.00' L157 N 69°15'49" E 1.00' 120 N 20°44'11" W 1.00' L66 N 20°44'11" W 14.00' L112 S 20°44'11" E 1.00' 1158 S 20°44'11" E 6.00' L21 S 69°15'49" W 4.00' L67 S 69°15'49" W 1.00' 1113 N 69°15'49" E 4.00' L159 S 69°15'49" W 1.00' L22 S 20°44'11" E 1.00' 168 N 20°44'11" W 6.00' L114 N 20°4411" W 1.00' 1160 S 20°44'11" E 14.00' L23 S 69°15'49" W 6.00' L69 N 69°15'49" E 1.00' L115 N 69°15'49" E 6.00' L161 N 69°15'49" E 1.00' L24 N 20°44'11"W 1.00' L70 N 20°44'11" W 4.00' L116 S 20°44'11" E 1.00' L162 S 20°44'11" E 6.00' L25 S 69°15'49" W 14.00' L71 S 69°15'49" W 1.00' L117 N 69°15'49" E 14.00' L163 S 69°15'49" W 1.00' 126 S 20°44'11" E 1.00' L72 N 20°44'11" W 6.00' L118 N 20°44'11" W 1.00' L164 S 20°44'11'E 4.00' L27 S 69°15'49" W 6.00' L73 N 69°15'49" E 1.00' L119 N 69°15'49" E 6.00' L165 N 69°15'49" E 1.00' L28 N 20°44'11" W 1.00' L74 N 20°44'11" W 14.00' L120 S 20°44'11" E 1.00' L166 S 20°44'11" E 6.00' L29 S 69°15'49" W 5.10' 175 S 69°15'49" W 1.00' L121 N 69°15'49" E 4.00' L167 S 69'15'49" W 1.00' L30 S 20°44'11" E 14.60' L76 N 20°44'11" W 6.00' L122 N 20°44'11" W 1.00' L168 S 20°44'11" E 14.00' L31 N 69°15'49" E 1.10' L77 N 69°15'49" E 1.00' L123 N 69°15'49" E 6.00' L169 N 69°15'49" E 1.00' L32 S 20°44'11" E 5.00' L78 N 20°44'11" W 4.00' L124 S 20°44'11" E 1.00' L170 S 20°44'11" E 6.00' L33 S 69°15'49" W 5.00' L79 S 69°15'49" W 1.00' L125 N 69°15'49" E 14.00' 1171 S 69°15'49" W 1.00' L34 N 20°44'11" W 1.60' L80 N 20°44'11" W 6.00' L126 N 20°44'11" W 1.00' L172 S 20°44'11" E 4.00' 135 S 69°15'49" W 24.00' L81 N 69°15'49" E ' 1.00' L127 N 69°15'49" E 6.00' L173 N 69°15'49" E 1.00' L36 S 20°44'11" E 1.60' L82 N 20°4411"W 14.00' L128 S 20'44'11" E 1.00' L174 S 20°44'11" E 6.00' L37 S 69°15'49" W 5.00' 183 S 69°15'49" W 1.00' L129 N 69°15'49" E 4.00' L175 S 69°15'49" W 1.00' L38 N 20°44'11" W 5.00' 184 N 20°44'11" W 6.00' 1130 N 20°44'11" W 1.00' L176 S 20°44'11" E 14.00' L39 N 69°15'49" E 1.10' L85 N 69°15'49" E 1.50' L131 N 69°15'49" E 6.00' L177 N 69°15'49" E 1.00' L40 N 20°44'11" W 24.00' 186 N 20°44'11" W 4.60' L132 S 20°44'11" E 1.00' L178 S 20°44'11" E 6.00' L41 S 69°15'49" W 1.10' L87 S 69°15'49" W 4.40' L133 N 69°15'49" E 24.70' L179 S 69°15'49" W 1.00' L42 N 20°44'11" W 5.00' L88 S 20°44'11" E 1.10' L134 S 20°44'11" E 32.70' 1180 S 20°44'11" E 4.00' L43 N 69°15'49" E 5.00' L89 S 69°15'49" W 12.60' L135 S 69°1549" W 16.30' 1181 N 69°15'49" E 1.00' L44 S 20°44'11" E 1.10' L90 N 20°44'11" W 14.80' L136 S 20°44'11" E 5.60' 1182 S 20°44'11" E 6.00' L45 N 69°15'49" E 2.70' L91 N 69°15'49" E 16.50' L137 N 69°1549" E 1.00' 1183 5 69°15'49" W 1.00' L46 N 20°44'11" W 5.10' L92 N 20°44'11" W 3.60' L138 S 20°44'11" E 6.00' L184 5 20°44'11" E 8.40' DATE: JUNE, 2007 JOB NO.: 0287-3-016-23 BY: M. NOLEN PAGE 13 OF 13 BAKER AICKLEN 4qS BRUSHY CREEK RD & ASSOCIATES, INC. CEDAR PARK°TK15613 Englneera • Surveyors • GIS • Planning (51z1z6D3700 W IPROJECTSISCOTT WHITEIPROJECTS\CLINIC\D WGISCOTT AND WHITE CLINIC.dwg [PAGE 131 June 22, 2007.4:10pm EXHIBIT B CAMPUS SITE PLAN 1 .a..u.a iva..l.rIV. 30 e. • hob, B EXHIBIT B-1 SERVICE AREA 1 OSS1 bp(lllfl� L— ` WATER t I G w I_ 56.75 ACRES �aN� 6wo AULT$ , COV. DRIVE w ,,, E cll ag CONC. — ! ow F t Ww MULTI-STORY CQNC.S/W BRICK,STONE,AND SIDINGs S HOSPITAL BUILDING 5 0 6 O R9 U CONC. I I I DRIVE ® I CIL ° 1 CQNC.SAN I I BRICK 18 o Cj O I I 11 �5 00 Q a s !vow I f CO 'Q i j ti L22 WATER Cl f OO p Cl r, M PVC VAULT 1�C i r 0- " L18 i L20 c ° J $ c L UPvc ^ N 2 ty( t a L16 -'j �St s vU ° f 1 AFH I ; s ELEC. [� Pvc ( ��VAULT cCONC.DRIVE ,6 w • nT ]00' P GATE 10 ,(I MULTI-STORY ARMS JERIZON BRICK,STONE,AND SIDING VAULT IIi CLINIC BUILDING O ,4 SBWt ( I nP ® ...n. ` PVL I G I , I , PROPOSED z ASPHALT 'sI' ' O 'pvc LOT 2A, BLOCK A ® PD IVE L14 20.0' 9.83 ACRES Uouc . s s -' O L12 GR \ y FH Os Os tit CONC. P a O CQNC. s CQNC. �"� --.... DATE: August 2, 2007 SUBJECT: City Manager Approval at the August 10, 2007 staff meeting ITEM: Approval of a Consent Agreement whereby the City of Round Rock affirms its consent to the recordation of a Reciprocal Easement Agreement between Scott & White Memorial Hospital, the Scott, Sherwood and Brindley Foundation, and HR Acquisition of San Antonio. Department: Planning and Community Development Staff Person: Jim Stendebach, Director of Planning and Community Development Lee Heckman, Senior Planner Justification: The Scott & White Campus, which includes a Hospital, Medical Office Building and other buildings, was original platted and developed on a single lot. A replat of the property into two lots has been approved by the Planning and Zoning Commission. In order to traverse the two lots, a reciprocal easement is required as relates to pedestrians, vehicles, and utilities. Although this reciprocal easement is solely between private parties, the City is beneficiary of previously dedicated water and wastewater line easements. These easements were dedicated by separate instrument documents that contained a provision requiring the City's written consent if any other easement was conveyed or conflicted with the City's rights within the area of the easement. Consequently, the City has been asked to execute the Consent Agreement whereby we provide written consent to the private Reciprocal Easement Agreement. Both the Transportation Services Department and the Engineering and Development Services Department have reviewed the proposed reciprocal easement agreement. To the extent any existing City rights are preserved, staff concurs with approval of the Consent Agreement. that involves the same property as the easement or property has bee of a waterline easement to relieve the inadvertent encroachment by Chili's driveway. Funding: Cost: None Source of Funds: N/A Background Information: The Legal Department has been asked to review and approve the document. Updated 3-10-05