CM-2002-003:r 0O.2 0 - . 11.
A
PRIVATE LIFT STATION MAINTENANCE AGREEMENT
THIS PRIVATE LIFT STATION MAINTENANCE AGREEMENT (this "Agreement")
is made as of the it day of January 2002, by and between WSP Development #1, LTD, a
Texas limited partnership ("WSP"), Albertson's, Inc., a Delaware corporation ("Albertson's),
and The City of Round Rock, Texas, a municipal corporation (the "City").
RECITALS
A. WSP and Albertson's are the current Owners (as hereinafter defined) of
approximately nineteen (19) acres of land situated at the northwest corner of the intersection of
CR122 (Red Bud) and Gattis School Road in the City of Round Rock, County of Williamson,
State of Texas (the "Shopping Center"), which Shopping Center is further depicted on Exhibit A
and more particularly described on Schedule I, both of which are attached hereto and made a part
hereof. As used herein, the term "Owner" shall mean the record holder of fee simple title to all
or any part of the Shopping Center, and such Owner's heirs, successors and assigns.
B. WSP and Albertson's plan to develop and operate an integrated retail sales
complex in the Shopping Center, and have entered into that certain Declaration of Restrictions,
Easements and Operating Agreement, dated March 22, 2001, and recorded in Document Number
2001019243, of the Official Public Records of Williamson County, Texas (the "Declaration"), to
facilitate the development and operation of such retail sales complex.
C. WSP and Albertson's desire that wastewater service be provided to the Shopping
Center and its occupants, and WSP, Albertson's and the City have agreed that the construction of
a private lift station facility (the "Private Lift Station") on the Shopping Center (in approximately
the location shown on Exhibit B attached hereto and made a part hereof) is the most effective
means of doing so.
D. WSP, Albertson's and the City have agreed that the Private Lift Station shall be
constructed and maintained by and at the sole cost and expense of the Owners of the Shopping
Center, and that the City shall have no responsibility for the construction or maintenance of the
Private Lift Station.
NOW, THEREFORE, for and in consideration of the benefits received by the parties, the
mutual promises herein expressed, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, WSP, Albertson's and the City hereby agree as
follows:
1. Capitalized terms not otherwise defined herein shall have the meanings set forth
in the Declaration.
2. Following completion of the Private Lift Station, the Maintenance Director (or
Successor Maintenance Director, as applicable) of the Shopping Center shall operate, maintain,
repair, upgrade and replace the Private Lift Station as necessary to keep such Private Lift Station
in good working order and condition, until such time, if any, as the Private Lift Station is
G:/Client/Weston.scm/Gattis/Private Lift Station/Private Lift Station Maintenance Agreement 5.doc
dedicated to and accepted by the City or any public or private utility. In no event shall the City
be responsible for the maintenance of the Private Lift Station unless and until such Private Lift
Station is dedicated to and accepted by the City. Notwithstanding the foregoing or anything to
the contrary contained in this Agreement, the parties hereby acknowledge and agree that the City
shall have no obligation to accept the Private Lift Station.
3. The operation, maintenance, repair, upgrade and replacement of the Private Lift
Station shall constitute a non-segregable Maintenance Item as described in 4A.3 of the
Declaration, and each Owner in the Shopping Center shall pay to the Maintenance Director its
proportionate share of the costs of such maintenance in accordance with the requirements of
Section 4A.4 of the Declaration.
4. WSP and Albertson's, as the current Owners of the Shopping Center, hereby grant
the City the right to enter upon the Shopping Center from time to time, at reasonable hours and
upon reasonable notice, to determine whether the Private Lift Station is being maintained in
accordance with applicable governmental regulations. If, in the reasonable opinion of the City,
the Private Lift Station is not being maintained in accordance with applicable governmental
regulations, the City may give a written Repair Notice (herein so called) to the Maintenance
Director (or the Successor Maintenance Director, as applicable) in the manner set forth in
Section 5 below, which Repair Notice shall identify the repairs to and/or maintenance of the
Private Lift Station that are required by applicable governmental regulations (the "Required
Repairs"). The Maintenance Director (or Successor Maintenance Director, as applicable) shall
complete such Required Repairs within thirty (30) days after its Receipt (as hereinafter defined)
of such Repair Notice (the "Repair Period"); provided, however, that if the Required Repairs
cannot reasonably be made by Maintenance Director within such thirty -day Repair Period, then
Maintenance Director shall have such longer period to complete the Required Repairs as is
reasonably necessary so long as Maintenance Director has commenced such Required Repairs
during the Repair Period and thereafter diligently pursues the same to completion (the "Extended
Repair Period"). If the Required Repairs are not made within the Repair Period (or Extended
Repair Period, as applicable), then the Director of Public Works shall give the Maintenance
Director a written notice of non-compliance (the "Non -Compliance Notice"). If the Maintenance
Director fails to complete the Required Repairs within fifteen (15) days after its Receipt of the
Non -Compliance Notice, then the City may, but shall not be required to, enter upon the Shopping
Center and perform the Required Repairs. If the City elects to perform the Required Repairs,
then the City may invoice the Maintenance Director for the cost of such Required Repairs (the
"City Maintenance Invoice"), and the City Maintenance Invoice shall be paid by the
Maintenance Director to the City within thirty (30) days after its Receipt of the same and copies
of all invoices, statements or other documents supporting such City Maintenance Invoice. Upon
payment by the Maintenance Director of any such City Maintenance Invoice, the Maintenance
Director shall be reimbursed for the same by the Owners of the Shopping Center in accordance
with Section 4A.4 of the Declaration.
5. All notices given pursuant to this Agreement shall be in writing and shall be given
by personal service, by United States mail or by United States express mail or other established
2
express delivery service (such as Federal Express), postage or delivery charge prepaid, return
receipt requested, addressed to the appropriate party at the address set forth below:
Current Maintenance Director:
WSP Development #1, LTD
c/o StoneCrest Investments, Inc.
595 Round Rock West Dr., Suite 701
Round Rock, Texas 78681
Attention: Greg Herman
The person and address to which notice to the Maintenance Director is to be given may be
changed at any time by giving at least five (5) days' written notice to the other parties in the
manner described above. All notices given pursuant to this Agreement shall be deemed given
upon Receipt. For the purpose of this Agreement, the term "Receipt" shall mean the earlier of
any of the following: (a) the date of delivery of the notice or other document to the person or
entity specified herein as shown on the return receipt, (b) the date of actual receipt of the notice
or other document by the person or entity specified herein, or (c) in the case of refusal to accept
delivery or inability to deliver the notice or other document, the earlier of (i) the date of the
attempted delivery or refusal to accept delivery, (ii) the date of the postmark on the return
receipt, or (iii) the date of receipt of notice of refusal or notice of non-delivery by the sending
party.
6. This Agreement may be modified, amended or terminated by joint action of both
(i) the City Manager (or Director of Public Works acting as designee of the City Manager), and
(ii) the Owners and Prime Lessees of eighty percent (80%) of the total square footage of
Building Area in the Shopping Center at the time of such modification, amendment or
termination. No party shall unreasonably withhold approval of a request for modification,
amendment or termination, and any decision by the City Manager or Director of Public Works
with respect thereto may be appealed to the City Council of the City of Round Rock, Texas.
EXECUTED to be effective as of the date first above written.
[SIGNATURES AND ACKNOWT FDGMENTS APPEAR ON FOLLOWING PAGES]
3
[SIGNATURE AND ACKNOWLEDGMENT PAGE OF THE CITY]
THE CITY OF ROUND ROCK TEXAS,
a municip.i corpgration
By: 1.' �.
Name: ". % imiderC
Title: lffi„Q,7
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on a /4 2002, by
Rower L..gENNEr7 i f. C /T mitv446R,
C/N of The City of Round Roc , Texas, a municipal
corporation, on behalf of said municipal corporation.
g ....... CHRISTINE R. MARTINEZ
^k• ' I MY COMMISSION EXPIRES
;ley August 28, 2005
4
NvuiltvituR.�7rt
Notary Public in and for the State of Texa
[SIGNATURE AND ACKNOWLEDGMENT PAGE OF WSP]
WSP DEVELOPMENT #1, LTD,
a Texas limited partnership
By: WSP Management, L.L.C.,
a Texas limited liability company
Its: General Partner
STATE OF TEXAS
COUNTY OF WILLIAMSON
By:
/4:(4(A4A
Name: Bradley D. Smith
Title: Chief Executive Officer
This instrument was acknowledged before me on , 2002, by
Bradley D. Smith, Chief Executive Officer of WSP Management, .L.C., the General Partner of
WSP Development #1, LTD, a Texas limited partnership, on behalf of said limited partnership.
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Notary
blic in and f . the State of Texas
[SIGNATURE AND ACKNOWLEDGMENT PAGE OF ALBERTSON'S]
ALBERTSON'S, INC.,
a Delawar rporation
iI tI�III+
By:
Name: Lincoln V. Sharp, Jr.
Its: Vice President, Real Estate Law
STATE OF IDAHO
COUNTY OF ADA
On this 244i- day of atiltAAalv , 2002, before me, the undersigned, a
Notary Public in and for said State, personallyared Lincoln V. Sharp, Jr., to me known to be
Vice President, Real Estate Law of Albertson's, Inc., the corporation that executed the foregoing
instrument, and acknowledged to me that the said instrument is the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he
is authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, monj.nd year in this
certificate first above written.
ANDREA C. L :E
NOTARY FUBLIC
STATE OF Imo.'.; 0
6
otary ' ublic in and for the State of Idaho
EXHIBIT A
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EXHIBIT B
***PRIVATE LIFT STATION***
FL=777.40
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SCHEDULE I
Legal Description of the Shopping Center
9
Parcel 1
3.041 ACRES
PROPOSED LOT 7, BLOCK "A"
STONECREST RETAIL SUBDIVISION
FN. NO. 01-381(MJJ)
SEPTEMBER 27, 2001
BPI JOB NO. 1028-01.95
DESCRIPTION
OF A 3.041 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 19.771 ACRE TRACT OF LAND CONVEYED TO
WSP DEVELOPMENT 01, LTD. BY DEED OF RECORD IN DOCUMENT NO.
2001019239 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 3.041 ACRES ALSO BEING PROPOSED LOT 7, BLOCK "A"
STONECREST RETAIL SUBDIVISION, A SUBDIVISION NOT YET OF RECORD;
SAID 3.041 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2 inch iron rod with cap found in the
northerly line of Gattis School Road (R.O.W. varies), being the
southeasterly corner of that certain 175.66 acre tract of land
called "Tract 1" conveyed to Bon Terre -B, Ltd. by deed of record
in Document No. 199961932 of the Official Public Records of said
Williamson County, Texas and the southwesterly corner of said
19.771 acre tract;
THENCE, N00°25'45"W, leaving the northerly line of Gattis School
Road, along the easterly line of said "Tract 1", same being the
westerly line of said 19.771 acre tract, a distance of 226.07
feet to the POINT OF BEGINNING and westernmost southwesterly
corner hereof;
THENCE, N00°25'45"W, continuing along the common line of said
"Tract 1" and said 19.771 acre tract, being the most westerly
line hereof, a distance of 392.91 feet to a 1/2 inch iron rod
with cap set for the westernmost southwesterly corner of that
certain 7.650 acre tract of land called "Parcel 2" conveyed to
Albertson's Inc. by deed of record in Document No. 2001019242 of
said Official Public Records, for the northwesterly corner
hereof;
THENCE, leaving the easterly line of said "Tract 1", along the
common line of said "Parcel 2" and the remaining portion of said
19.771 acre tract, being the irregular northerly line hereof,
the following six (6) courses and distances:
1) N89°33'23"E,
rod with cap
2) S45°56'20"E,
rod with cap
3) N44°02'48"E,
rod with cap
a distance of 37.41 feet to a 1/2 inch iron
set for an angle point;
a distance of 252.59 feet to a 1/2 inch iron
set for an angle point;
a distance of 14.48 feet to a 1/2 inch iron
set for an angle point;
4) S45°57'12"E, a distance of 377.75 feet to a 1/2 inch iron
rod with cap set for the northeasterly corner hereof;
FN 01-381(MJJ)
SEPTEMBER 27, 2001
PAGE 2 OF 2
5) S44°03'42"W, a distance of 68.14 feet to a 1/2 inch iron
rod with cap set for an angle point;
6) S89°34'15"W, a distance of 8.26 feet to a 1/2 inch iron rod
with cap set;
THENCE, leaving the common line of said "Parcel 2" and said
remaining portion of said 19.771 acre tract, over and across
.said 19.771 acre tract, the following two (2) courses and
distances:
1) S89°34 15"W, a distance of 215.85 feet to an angle point;
2) S00°56'33"E, a distance of 177.58 feet to a point in the
northerly line of Gattis School Road, same being the
southerly line of said 19.771 acre tract and the
southernmost southeasterly corner hereof;
THENCE, N79°27'27"W, along the northerly line of Gattis School
Road, same being the southerly line of said 19.771 acre tract, a
distance of 51.02 feet to the southernmost southwesterly corner
hereof;
THENCE, leaving the northerly line of Gattis School Road, over
and across said 19.771 acre tract, the following two (2) courses
and distances:
1) N00°56'33"W, a distance of 256.46 feet to an angle point;
2) S89°03'27"W, a distance of 174.63 feet to the POINT OF
BEGINNING, containing an area of 3.041 acres (132,492 sq.
ft.) of land, more or less, within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
BURY & PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
/:A
MARK J
NO. 5267
STATE OF TEXAS
R.P.
7.650 ACRES
PARCEL 2
WESTON COMPANIES
Parcel 2
DESCRIPTION
OF A 7.650 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 315.43 ACRE TRACT OF LAND CONVEYED TO
LATRELLE BERKMAN PETERSON, ET. AL. BY DEED OF RECORD IN VOLUME
2452, PAGE 709 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 7.650 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod found in the easterly line of
a 175.66 acre tract of land called "Tract 1" as conveyed to' Bon
Terre -B, Ltd. by deed of record in Document No. 199961932 of the
Official Records of Williamson County, Texas, being the
southwesterly corner of Lot 1, Highland Terrace, a unrecorded
subdivision, said Lot 1 consisting of 2.48 acres of land having
been conveyed to Jack R. Campbell (no recording info found), for
the northwesterly corner hereof;
THENCE, N89°50'00"E, leaving the easterly line of said 175.66
acre tract, along the southerly line of said 2.48 acre tract and
in part along the southerly line of Lot 2 of said Highland
Terrace, said Lot 2 consisting of 2.50 acres of land having been
conveyed to Robert M. Carlin and Sophia Carlin by deed of record
in Volume 1147, Page 414 of the Deed Records of Williamson
County, Texas, a distance of 460.71 feet to a 1/2 inch iron rod
with cap set,' for the northernmost northeasterly corner hereof,
from which a 1/2 inch iron rod found in the westerly line of
County Road 122 (R.O.W. varies), being the southeasterly corner
of said 2.50 acre tract bears N89°50'00"E, a distance of 398.32
feet;
FN. NO. 00-409 (MJJ)
AUGUST 13, 2000
BPI JOB NO. 1028-01.92
THENCE, leaving the southerly line of said 2.50 acre tract, over
and across the remaining portion of said 315.43 acres, the
following nineteen (19) courses and distances:
1) S00°10'00"E•, a distance of 89,57 feet to a 1/2 inch iron
rod, with cap set;
2) S89°50'00"W, a distance of 102.51 feet to a 1/2 inch iron
rod with cap set;
,3) 544°02'48"W, a distance of 75.09 feet to a 1/2 inch iron
rod with cap set;
4) S45°56'20"E, a distance of 186.29 feet to a 1/2 inch iron
rod with cap set;
c
5) N44°02'48"E, a distance of 33.52 feet to a 1/2 inch iron
rod with cap set;
FN 00-409(MJJ).
AUGUST 13,,.2000
PAGE 2 OF 3
6) '545°57'12"E,
rod with cap
a distance of 400.83 feet to a 1/2 inch iron
set;
7) N44°02'48" E, a distance of 40.64 feet to a 1/2 inch iron
rod with cap set;
8) N00°30'14"W, a distance of 250.44 feet to a 1/2 inch iron
rod with cap set;
. 9) N89°29'46"E, a distance of 59.31 feet to a 1/2 inch iron
rod with cap set, for the northeasterly corner hereof;
10) S00°30'14"E, a distance of319.95 feet to a 1/2 inch iron
rod with'cap set;
11) S89°02'35"W, a distance of 27.23 feet to a 1/2 inch iron
rod with cap set, for the point of curvature of a tangent
curve to the right;
12) Along said tangent curve to the right'having a radius of
103.00 feet, a central angle of 33°12'14", an arc length of
59.69 feet and a chord which bears N74 °21' 18"W, a distance
of 58.86 feet' to a-1/2 inch iron rod with cap set, for the
end of said curve;
13)' S44°03'42"W, a distance of 214.18 feet to a 1/2 inch iron
rod with cap set;
14) S45°57'12"E, a distance of 15.92 feet to a 1/2 inch iron
rod with cap set;
15) S24°05'56"E, a distance of 85.44 feet to a 1/2 inch iron
.rod, with cap set;
16) S89°13'21"W, a distance of 31.22 feet to a 1/2 inch iron
rod with cap set;
17) N31°57'16"W, a distance of 75.33 feet to a 1/2 inch iron
rod with cap set;
18) S44°03'42"W, a distance of 13,7.47 feet to a 1/2 inch iron
rod with cap set;
19) S00°25'45"E, a distance of 192.09 feet to a 1/2 inch iron
rod with cap set in the northerly line of Gattis School
Road (R.O.W. varies), being the southerly line of the
remaining portion of said 315.43 acres, for the
southernmost southeasterly corner hereof;
THENCE, N81°59'.28"w, along a portion of the northerrl.y line of
Gattis School Road, being the southerly line of the remaining
portion of said 315.43 acres, a distance of 39.43 feet to a 1/2
inch iron rod with cap set, for the southernmost southwesterly
corner hereof;
FN 00-409(MJJ)
AUGUST. U,., 2.QQQ
PAGE 3 OF 3
THENCE, leaving the northerly line of Gattis School Road, over
and across the remaining portion of said 315.43 acres, the
following seven (7) courses and distances:
1) N00°25'45"W, a distance of 216.37 feet to a 1/2 inch iron
rod with cap set;
2) N89°34' 15"E, a distance of 8.26 feet to a 1/2 inch iron rod
with cap set;
3) N44°03'42"E, a distance of 68.14 feet to a 1/2 inch iron
rod with cap set;
4) N45°57'12"W, a distance of 377.75 feet to a 1/2 inch iron
rod with cap set;
5) S44°02'48"W, a distance of 14.48 feet to a 1/2 inch iron
rod with cap set;
6) N45°56'20"W, a distance of 252.59 feet' to a 1/2 inch iron
rod with cap set;
7) S89°33'23"W, a distance of 37.41 feet to a 1/2 inch iron
rod with cap set in the easterly line of said 175.66 acre
tract;
THENCE, N00°25'46"W, along a portion of the easterly line of
said 175.66 acre tract, being the westernmost line hereof, a
distance of 322.87 feet to the POINT OF BEGINNING, containing an
area of 7.650 acres (333,256 sq. ft:) of land, more or less,
within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A LAND TITLE SURVEY WAS PREPARED TO ACCOMPANY THIS
FIELDNOTE DESCRIPTION.
BURY & PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVES ROAD,
AUSTIN, TEXAS 78746
SUITE 200
MARK J F&
NO. 5267
STATE OF TEXAS
9°'l3- 00
R. P.L.S.
1.240 ACRES
'PARCEL 2A
WESTON COMPANIES
Parcel 2A
DESCRIPTION
OF A 1.240 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 315.43 ACRE' TRACT OF LAND CONVEYED TO
LATRELLE BERKMAN PETERSON, ET. AL. BY DEED OF RECORD IN VOLUME 2452,
PAGE 709 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
1.240 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
FN. NO. 00-410(MJJ)
AUGUST 13, 2000.
BPI'0013 NO". 1028-01.S2
BEGINNING, at a 1/2 inch iron rod found in the northerly line of
Gattis School Road (R.O.W. varies), same being the intersection of
the northerly line of Gattis School Road with the westerly line of
County Road 122 (R.O.W. varies), for the southeasterly corner hereof;
THENCE, N86°51'38"W, along a portion of the northerly line of Gattis
School Road, being the southerly line of the remaining portion of
said 315.43 acres and the southerly line hereof, a distance of 185.69
feet to a 1/2 inch iron rod with cap set, for the southwesterly
corner hereof;
THENCE, leaving the northerly line of Gattis School Road, over and
across the remaining, portion of said 315.43 acres, the following five
(5) courses and distances:
1) N00°25'45"W, a distance of 244.28 feet to a 1/2 inch iron rod
with cap set, for the northwesterly corner hereof;
2) N89°13'21"E, a distance of 219.73 feet to a 1/2 inch iron rod
with cap set, for the northeasterly, corner hereof;
3) S00°30'14"E, a distance of 22.08 feet to a 1/2 inch iron rod
with cap set;
4) S01°45'10"W, a distance of 139.69 feet to a 1/2 inch iron rod
with cap set;
5) S00°30'14"E, a distance of 66.76 feet to a 1/2 inch iron rod
with. cap set in the westerly cut-back line of County Road 122;
THENCE, S45°00'50"W, along a portion of the westerly cut-back line of
County Road 122, a distance of 40.97• feet to the POINT OF BEGINNING,
containing an area of 1.240 acres (54,004 sq. ft.) of land, more or
less, within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A
SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A LAND
TITLE SURVEY WAS PREPARED TO ACCOMPANY THIS FIELDNOTE DESCRIPTIO
BURY PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
a-ia
MARK / .' V', R.P.L.S.
NO. 5267
STATE OF TEXAS
OF
• MARK J RY Sa
9 �0 5267 ?� .re �'
3.651 ACRES
LOT 1
WESTON RETAIL SUBDIVISION
Parcel 3
DESCRIPTION
FN. NO. 00-06 (MJJ)
DECEMBER 12, 2000
BPI JOB NO. 1028-01
OF A 3.651 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 315.43 ACRE TRACT OF LAND CONVEYED TO
LATRELLE BERKMAN PETERSON, ET. AL. BY DEED OF RECORD IN VOLUME
2452, PAGE 709 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 3.651 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2 inch iron rod found in the westerly line of
County Road 122 (R.O.W. varies), being the southeasterly corner
of Lot 2 Highland Terrace, an unrecorded subdivision, said Lot 2
comprising of 2.50 acres of land as conveyed to Robert M.
Carlin, et. ux. by deed of record in Volume 1747, Page 414 of
said Official Records and the easternmost northeasterly corner
of said 315.43 acre tract;
THENCE, S89°50'00"W, leaving the westerly line of County Road
122, along the southerly line of said 2.50 acre tract, a
distance of 24.33 feet to a 1/2 inch iron rod with cap set for
.the POINT OF BEGINNING, and northeasterly corner hereof;
THENCE, leaving the southerly line of said.2.50 acre tract, over
and across said 315.43 acre tract, the following ten (10)
courses and distances:
Pt
1) S00°30'14"E, a distance of 248.90 feet to a 1/2
rod with cap set for an angle point;
2) S89°29'46"W, a distance of 59.31 feet to a 1/2
rod with cap set for an angle point;
3) S00°30'14"E, a distance of 250.44 feet to a 1/2
rod with cap set for an angle point;
4) S44°02'48" W, a distance of 40.64 feet to a 1/2
rod with cap set for an angle/point;
5) N45°57'12"W, a distance of 400.83 feet to a 1/2 inch iron
rod with cap set for an angle point;
6) S44°02'48"W, a distance of 33.52 feet to a 1/2 inch iron
rod with cap set for an angle point;
7) N45°56'20"W, a distance of 186.29 feet to a 1/2 inch iron
rod with cap set for an angle point;
8) N44°02'48" E, a distance •of 75.09 feet to a 1/2 inch iron
rod with cap set for an angle point;
inch iron
inch iron
inch iron '
inch iron
FN 00.496(MJJ)
DECEMBER 12, 2000
• PAGE 2 OF 2
9) N89°50'00"E, a distance of 102.51 feet to a 1/2
rod with cap set for an angle point;
10) N00°10'00"W, a distance of 89.57 feet to a 1/2
rod with cap set in the southerly line of said
tract, for the northwesterly corner hereof;
THENCE, N89°50'00"E, along the southerly line of said 2.50 acre
tract, being the northerly line hereof, a distance of 374.00
feet to the POINT OF BEGINNING, containing an area of 3.651
acres (159,026 sq. ft.) of land, more or less, within these
metes and bounds.
inch iron
inch iron
2.50 acre
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION
BURY & PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
PI
MARK J
NO. 52
STATE OF TEXAS
Parcel 4
0.977 ACRES
PROPOSED LOT 6, BLOCK "A"
STONECREST RETAIL SUBDIVISION
DESCRIPTION
FN. NO. 01-380(MJJ)
SEPTEMBER 27, 2001
BPI JOB NO. 1028-01.95
OF A 0.977 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 19.771 ACRE TRACT OF LAND CONVEYED TO
WSP DEVELOPMENT #1, LTD. BY DEED OF RECORD IN DOCUMENT NO.
2001019239 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.977 ACRES ALSO BEING PROPOSED LOT 6, BLOCK "A"
STONECREST RETAIL SUBDIVISION, A SUBDIVISION NOT YET OF RECORD;
SAID 0.977 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2 inch iron rod with cap found in the
northerly line of Gattis School Road (R.O.W. varies), being the
southeasterly corner of that certain 175.66 acre tract of land
called "Tract 1" conveyed to Bon Terre -B, Ltd. by deed of record
in Document No. 199961932 of the Official Public Records of said
Williamson County, Texas and the southwesterly corner of said
19.771 acre tract;
THENCE, along the northerly line of Gattis School Road, being
the southerly line of said 19.771 acre tract, the following two
(2) courses and distances:
1) S85°44'37"E, a distance of 49.17 feet to a 1/2 inch iron
rod with cap found for an angle point;
2) S79°27'27"E, a distance of 181.32 feet to the POINT OF
BEGINNING and southwesterly corner hereof;
THENCE, leaving the northerly line of Gattis School Road, over
and across said 19.771 acre tract, along the westerly, northerly
and easterly lines hereof, the following four (4) courses and
distances:
1) N00°56'33"W, a distance of 177.58 feet to the northwesterly
corner hereof;
2) N89°34'15"E, a distance of 215.85 feet to thenortheasterly
corner hereof;
3) SO0°25'45"E, a distance of 216.37 feet to a point in the
northerly line of Gattis School Road, being the southerly
line of said 19.771 acre tract and the southeasterly corner
hereof;
THENCE, along the northerly line of Gattis School Road, being
the southerly line of said 19.771 acre tract and the southerly
line hereof, the following two (2) courses and distances:
1) N81°59'28"W, a distance of 60.74 feet to a 1/2 inch iron
rod found for an angle point;
FN 01-380(MJJ)
SEPTEMBER 27, 2001
PAGE 2 OF 2
2) N79°27'27"W, a distance of 157.05 feet to the POINT OF
BEGINNING, containing an area of 0.977 acres (42,556 sq.
ft.) of land, more or less, within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
BURY & PARTNERS, INC. >�iK.�
ENGINEERS -SURVEYORS MARK J.
3345 BEE CAVES ROAD, SUITE 200 NO. 5267
AUSTIN, TEXAS 78746 STATE OF TEXAS
7l0/
R.P. S.'
0.798 ACRES
LOT 5
WESTON RETAIL SUBDIVISION
Parcel 5
DESCRIPTION
FN. NO. 00-498(MJJ)
DECEMBER 12, 2000
BPI JOB NO. 1028-01
OF A 0.798 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 315.43 ACRE TRACT OF LAND CONVEYED TO
•LATRELLE BERKMAN PETERSON, ET. AL. BY DEED OF RECORD IN VOLUME
2452, PAGE 709 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.798 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2 inch iron rod found in the northerly line
of Gattis School Road (R.O.W, varies), being the intersection of
the northerly line of Gattis School Road with the westerly line
of County Road 122 (R.O.W. varies) and -the southeasterly corner
of the remaining portion of said 315.43 acre tract;
THENCE, N86°51'38"W, along the northerly line of Gattis School
Road, being the southerly line of the remaining portion of said
315.43 acre tract, a distance of 185.69 feet to a 1/2 inch iron
rod with cap set for the POINT OF BEGINNING, and southeasterly
corner hereof;
THENCE, continuing along the northerly line of Gattis School
Road;' being the southerly line of the remaining portion of said
315.43 acre tract and the southerly line hereof, the following
two (2) courses and distances:
1) N86°51'38"W, a distance of 21.07 feet to a 1/2 inch iron
rod found for an angle point;
2) N81°59'28"W, a distance of 115.96 feet to a 1/2 inch iron
rod with cap set for the southwesterly corner hereof;
THENCE, leaving the northerly line of Gattis School Road, over
and across said 315.43 acre tract, the following four (4)
courses and distances:
1) N00°25'45"W, a distance of 192.09 feet to a 1/2 inch iron
rod with cap set for the northwesterly corner hereof;
2) N44°03'42"E, a distance of 137.47 feet to a 1/2 inch iron
rod with cap set for the northeasterly corner hereof;
3) S31°57'16"E, a distance of 75.33 feet to a 1/2 inch iron
rod with cap set for an angle point;
FN OV•49tl(MJJ)
'DECEMBER 12, 2000
• PAGE 2 OF 2
4) S00°25'45"E, a distance of, 244.28 feet to the POINT OT
BEGINNING, containing an area of 0.798 acres (34,741 sq.
ft.) of land, more or less, within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION
BURY & PARTNERS, INC.
ENGINEERS -SURVEYORS MARK J.
3345 BEE CAVES ROAD, SUITE 200 NO. 526
AUSTIN, TEXAS 78746 STATE OF TEXAS
It
iLltsW2
0.958 ACRES
LOT 3
WESTON RETAIL SUBDIVISION
Parcel 6
DESCRIPTION
FN. NO. 00-497(MJJ)
DECEMBER 12, 2000
BPI JOB NO. 1028-01
OF A 0.958 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 315.43 ACRE TRACT OF LAND CONVEYED TO
LATRELLE BERKMAN PETERSON, ET. AL. BY DEED OF RECORD IN VOLUME
2452, PAGE 709 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.958 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2 inch iron rod found in the westerly line of
County Road 122 (R.O.W. varies), being the southeasterly corner
of Lot 2 Highland Terrace, an unrecorded subdivision, said Lot 2
comprising of 2..50 acres of land as conveyed to Robert M.
Carlin, et. ux. by deed of record in Volume 1747, Page 414 of
said Official Records and the easternmost northeasterly corner
of said 315.43 acre tract;
THENCE, S00°57'07"E, along the westerly line of County Road 122,
a distance of 568.50 feet to a point;
THENCE, S89°02'53"W, leaving the westerly line of County Road
122, over and across said 315.43 acre tract, a distance of 28.77
feet to the POINT OF BEGINNING, and northeasterly corner hereof;
THENCE, continuing over and across said 315.43 acre tract the
following seven (7) courses and distances:
1) S00°30' 14"E,
rod with cap
2) . S89°•13'21"W,
.rod with cap
3) N24°05'56"W,
rod with cap
4) N45°57'12"W,
rod with cap
a distance of 225.00 feet to.a 1/2 inch
set for the southeasterly corner hereof;
a distance of 188.51 feet to a 1/2 inch
set for the southwesterly corner hereof;
a distance of 85.44 feet to a 1/2 inch
set for an angle point;
a distance of 15.92 feet to a 1/2 inch
set for the northwesterly corner hereof;
5) N44°03'42"E, a distance of 214.18 feet to a 1/2 inch
rod with cap set for the point of curvature of a
tangent curve to the left;
6) Along said non -tangent curve to the left having a radius of
103.00 feet,, a central angle of 33°12'14", an arc length of
59.69 feet and a chord which bears S74°21'18"E, a distance
of 58.86 feet to a 1/2 inch iron rod with cap set for the
end of said curve;
iron
iron
iron
iron
iron
non-
rN uu-9J/(Muga
DECEMBER 12, 2000
- PAGE 2 OF 2
7) N89°02'35"E, a distance of 27.23 feet to the POINT 0r
BEGINNING, containing an area of 0.958 acres (41,738 sq.
ft.) of land, more or less, within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
8Y A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION
BURY & PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVES ROAD, SUITE 200
AUSTIN, TEXAS 78746
• / �C
MARK J. R.P
NO. 526
STATE OF TEXAS
(fiegoI
vriec
Parcel 7
0.965 ACRES
PROPOSED LOT 8, BLOCK "A"
STONECREST RETAIL SUBDIVISION
DESCRIPTION
FN. NO. 01-382(MJJ)
SEPTEMBER 27, 2001
BPI JOB NO. 1028-01.95
OF A 0.965 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 19.771 ACRE TRACT OF LAND CONVEYED TO
WSP DEVELOPMENT #1, LTD. BY DEED OF RECORD IN DOCUMENT NO.
2001019239 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 0.977 ACRES ALSO BEING PROPOSED LOT 8, BLOCK "A"
STONECREST RETAIL SUBDIVISION, A SUBDIVISION NOT YET OF RECORD;
SAID 0.965 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod with cap found in the
northerly line of Gattis School Road (R.O.W. varies), being the
southeasterly corner of that certain 175.66 acre tract of land
called "Tract 1" conveyed to Bon Terre -B, Ltd. by deed of record
in Document No. 199961932 of the Official Public Records of said
Williamson County, Texas and the southwesterly corner of said
19.771 acre tract;
THENCE, N00°25'45"W, leaving the northerly line of Gattis School
Road, along the easterly line of said "Tract 1", same being the'
westerly line of said 19.771 acre tract, a distance of 226.07
feet to the northwesterly corner hereof;
THENCE, leaving the easterly line of said "Tract 1", over and
across said 19.771 acre tract, along the northerly and easterly
lines hereof, the following two (2) courses and distances:
1) N89°03'27"E, a distance of 174.63 feet to the northeasterly
corner hereof;
2) S00°56'33"E, a distance of 256.46 feet to a point in the
northerly line of Gattis School Road, same being the
southerly line of said 19.771 acre tract, for the
southeasterly corner hereof;
THENCE, along the northerly line of Gattis School Road, same
being the southerly line of said 19.771 acre tract and the
southerly line hereof, the following two (2) courses and
distances:
1) N79°27'27"W, a distance of 130.30 feet to a 1/2 inch iron
rod with cap set for an angle point;
FN 01-380(MJJ)
SEPTEMBER 27, 2001
PAGE 2 OF 2
2) N85°44'37"W, a distance of 49.17 feet to the POINT OF
BEGINNING, containing an area of 0.965 acres (42,041 sq.
ft.) of land, more or less, within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
BURY & PARTNERS, INC. e
ENGINEERS-SURVEYORS leJ j
3345 BEE CAVES ROAD, SUITE 200 NO. 5 7
AUSTIN, TEXAS 78746 STATE OF TEXAS
FILED PR RECTA
OFFICIAL PUBLIC RECORDS
e ,i<rkkA_
02-20-200L 09:59 AM 2002013417
ANDERSON $59.00
NANCY E. RISTER ,COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
Q:
app,
R.Atl!4'1