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Contract - Vista Oaks and Palmer Investments, LP - 8/10/2015
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIEIIIIIIII 30 AGRPGS 2015075983 A,,G=-,MIEERIT FOR PASS-TIMOUGE1 XkTA,2TEXkTA=S11RWCE [GARDENTS A-T IvYA,YKE L13 R&NTCE-11 THIS AC-RE-Eh1EJNTT FOR PASS—TH-ROUGE-E �kTA8TJ_--WATF_K- SER-\,,7JCE EGA. ZE NIS AT, 1\1&=ELD RARTC111 (this -Agreement-) is entered into effective as of the Effective Date (defined below), by and among NVISTA, GAE10- ITETWECEPA L == 1319TTUCT, a political subdivision of the State of Texas operating under Chapters 49 and 54 Of the Texas Water Code and formerly known as Williamson County Municipal Utility District No. 9 (the "District"), PA,12f.ER 9qX7MT-TvffiXTTS-, LP, a Texas limited partnership (the "Developer"), and the C=OF ROUND RGCK, TE=AiS-, a home rule municipality located in Williamson County, Texas (the The City, the Developer, and the District are sometimes referred to individually in this Agreement as a"&rty"and collectively as the"Parties". RECITA12.- A_ The District purchases and receives wholesale water and wastewater service from the City under the terms and provisions of the Vista Oaks Municipal Utility District Amended and Restated Wholesale Water and Wastewater Agreement dated effective August 29, 2011 (the ""olesaleAgreemene). B. The Developer is planning to develop the ±38 acres of property adjacent to the District more particularly described on EX H� IBIT"A." (the "Gardens Tract") into detached single-family residential and commercial uses. As of the Effective Date, the Gardens Tract is located in the City's extraterritorial jurisdiction; however, the Developer has requested that the Gardens Tract be annexed by the City for fall purposes so that, among things, the City can provide retail domestic wastewater service to the Gardens Tract. The City has represented to Developer that 135 LUEs of wastewater capacity in the City's wastewater system are available for use by Developer in the development of the Gardens Tract. However,because the City does not have existing wastewater lines in the area to which the Gardens Tract could readily connect,the Developer has requested to use the District's wastewater system on a pass-through basis in order to obtain retail wastewater service from the City to the Gardens Tract. C. The Parties desire to enter into this Agreement to set forth the terms and conditions on which the City and the Developer may utilize the District's wastewater system to provide wastewater service to the Gardens Tract on a pass-through basis after the Gardens Tract has been annexed by the City. AGREEMENT For and in consideration of the mutual promises, covenants, obligations, and benefits of this Agreement,the District,the City,and the Developer contract and agree as follows: Section TL. Recitals. The above and foregoing recitals are incorporated herein by reference. Section 2. Pass-Through Wastewater Service. A. Authorization of Pass-Through Service. Subject to the terms and conditions of this Agreement,for a period of ten years from the date that the Annexation and PUD Zoning Condition (defined below) is finally satisfied, the City may connect the segment of wastewater line owned by the City depicted on EXHIBIT"B" (the "12b lWo646173.81 Wastewater Line Segment")to the Developer's wastewater collection system serving the Gardens Tract at the point of connection identified on EXHIBIT"B" (the "Gardens Tract Wastewater Point of Connection") and to the District's wastewater collection system at the point of connection identified on EXHIBIT"B" (the "District Wastewater Point of Connection") to allow the City to provide up to 135 living unit equivalents ("LUEs") of retail domestic wastewater service to the Gardens Tract using the District's wastewater system on a pass-through basis. The Gardens Tract Wastewater Point of Connection and the District Wastewater Point of Connection are referred to in this Agreement individually as a "Wastewater Point of Connection" and collectively as the "Wastewater Points of Connection". The District has reviewed its current capacity and has determined that it has the wastewater capacity to allow 135 LUEs of wastewater to pass from the Garden Tract through its wastewater lines to the City's wastewater system in accordance with this Agreement. B. Limitations and other Conditions of Service. 1. Notwithstanding anything else in this Agreement to the contrary, in no event will the City or the Developer,without the prior written consent of the District, deliver through the City Wastewater Line Segment or the District's wastewater collection system more than 135 LUEs of wastewater from the Gardens Tract measured at each Wastewater Point of Connection, not to exceed, under any circumstances, an aggregate peak wet weather wastewater flow of 126 gpm. 2. The District has and will continue to have a guaranteed reservation and commitment of 1,40o LUEs of wastewater capacity from the City under the Wholesale Agreement. None of the LUES of capacity guaranteed and reserved to the District under the Wholesale Contract will be utilized to serve the Gardens Tract under this Agreement. Instead, the City is committing 135 LUES of wastewater capacity directly to the Gardens Tract and will simply be using the District's wastewater system to provide retail wastewater service to the Gardens Tract on a pass-through basis. 3. For the purpose of keeping the District informed of the level of development and related wastewater usage that is proposed for the Gardens Tract and so that the District may confirm that wastewater generated from such improvements will not exceed the maximum limits set forth in this Agreement, the Developer must submit to the District (a)copies of all site plan applications (and amendments to site plan applications that increase wastewater usage)for all or any portion of the Gardens Tract simultaneous with submittal to the City; and (b) copies of all plans and specifications for any material infrastructure modifications to the Gardens Tract, including the Gardens Tract Wastewater Facilities (defined below), that may create or impact wastewater generation prior to construction of the improvements contemplated by such site plans or plans and specifications; and (c)a quarterly connection report with the details of the wastewater connections made within the Gardens Tract during the previous quarter. Each submission under clauses (a) and (b) above must include an engineer's calculation of LUES of wastewater service proposed and the peak wet weather wastewater flows that will be generated by the improvements, and such calculation will be subject to confirmation and approval by the District. Further, within ten days after approval by the City,the Developer will provide the District with a copy of all approved site plans and amendments thereto. The Developer is fW0646i73.81 2 solely responsible for the cost of any infrastructure improvements to the Developer's or the City's wastewater systems that are necessary to enable the City to provide retail wastewater service to the Gardens Tract, including the wastewater line from the Gardens Tract to the Gardens Tract Wastewater Point of Connection (the "Gardens Tract Wastewater Facilities"). It is the intent of the Developer and the City that the Gardens Tract Wastewater Facilities will be dedicated to the City and that the City will accept those facilities for operation and maintenance. The dedication of that infrastructure and acceptance for maintenance will be by regular City process. 4. THE DISTRICT WELL HAVE NO LIABILITY OF ANY EIND OR NATURE WITH RESPECT TO THE GARDENS TRACT WASTEWATER FACILITIES, AND THE DEVELOPER WILL INDEMNIFY, DEFEND, AND HOLD THE DISTRICT HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF LITIGATION), SUITS, ACTIONS, LEGAL, OR ADMINISTRATIVE PROCEEDINGS, DEMANDS, FINES, PUNITIVE DAMAGES, LOSSES, COSTS, OR CLAIMS OF ANY KIND OR NATURE (COLLECTIVELY, "COSTS") THAT ARISE BECAUSE OF OR IN CONNECTION WITH THE USE, OPERATION, OR MAINTENANCE OF THOSE FACILITIES. SUCH OBLIGATION APPLIES WHETHER ACTUAL OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF THE DISTRICT CAUSED THE LOSS IN WHOLE OR IN PART; PROVIDED HOWEVER, IN THE EVENT OF ANY JOINT OR CONCURRENT LIABILITY BETWEEN THE DISTRICT AND THE DEVELOPER, THE DEVELOPER'S OBLIGATIONS HEREIN WILL BE REDUCED BY THE PERCENTAGE OF NEGLIGENCE OR FAULT APPORTIONED TO THE DISTRICT. 5. The Developer and the City will be responsible for ensuring that all discharges of industrial waste from the Gardens Tract comply with federal, state, and municipal requirements regarding pretreatment and monitoring of industrial waste and other prohibited waste. Any compliance or enforcement efforts or pretreatment requirements will be established and monitored by the City in accordance with the City's ordinances; however, the District will be entitled to inspect the facilities constructed to serve the Gardens Tract and the connections at the Wastewater Points of Connection and to test the wastewater received at the Wastewater Points of Connection. If any test reflects that any wastewater other than domestic wastewater is being received at the Wastewater Points of Connection, pretreatment of such wastewater will be required, in accordance with the City's ordinances, at the expense of the discharging party. The City will not impose any fee, charge, or fine upon the District for any violation of any ordinance, rule, regulation, or agreement caused by wastewater received at the Wastewater Points of Connection, nor will the City impose upon the District any surcharge that is caused by wastewater received at the Wastewater Points of Connection. 6. Except as expressly authorized by this Agreement for pass-through wastewater service to the Gardens Tract, neither the Developer nor the City may connect, or allow any other person or entity to connect, directly or indirectly, any facilities,persons,or property to the District's water or wastewater utility systems fWo646173.81 3 without the prior written consent of the District. If the Developer or the City does so, the District may immediately terminate this Agreement and/or require the Developer or the City, as applicable, to immediately terminate service to the facilities, persons, or property that have been connected in violation of this Agreement. The District reserves the right to deny for any reason any request by the Developer or the City to increase the level of service under this Agreement or to serve any facilities, persons, or property outside of the Gardens Tract. To be clear, this Agreement authorizes only wastewater service to the Gardens Tract using the District's wastewater system on a pass-through basis. The City will provide retail water service to the Gardens Tract directly from City-owned water facilities, and neither the Developer nor the City may utilize any District facilities to provide water service to the Gardens Tract. C. Wastewater Lift Station Operation and Maintenance Pam. On or before October 31st of each year during the term of this Agreement, the City will pay the District an annual fee of$6,075,representing$3.75 per LUE per month for the operation and maintenance of the District's lift station used to provide pass-through wastewater service to the Gardens Tract under this Agreement. This payment will be in addition to any other payments required by this Agreement. Interest charges for any overdue payment shall be paid by City in accordance with Texas Government Code Section 2251.025. The $3.75 per LUE charge may be adjusted by the District annually to reflect the actual reasonable and necessary costs of operating and maintaining the lift station; provided, however,the District shall provide written notice to the City of any adjustment at least thirty days prior to the effective date of such adjustment. D. Capacity Charge. The Developer must pay to the District a non-refundable capacity charge of$1,569.35 per LUE for the 135 LUEs of pass-through wastewater service capacity made available under this Agreement to the Gardens Tract (the "Canacfty Charms"). The Capacity Charge for 67 of the 135 total LUEs (i.e., $105,146.45) must be paid on or before ten days after the Annexation and PUD Zoning Condition (defined below) is satisfied (the "Initial Capacity Payment"). The Capacity Charge for each of the remaining 68 LUEs must be paid by the earlier of(i)ten days after the City approves a site plan application that includes such LUE(s); or (ii)three years after the Effective Date (the "Capacftu Charge Payment Deadline"). The Capacity Charge for all or any of the 135 LUEs may be prepaid at any time; however,if the District has not received full payment of the Capacity Charge for all 135 LUEs by the Capacity Charge Payment Deadline, then the capacity of the pass-through wastewater service made available to the Gardens Tract under this Agreement will be limited to the number of LUEs for which payment has been received as of the Capacity Charge Payment Deadline. E. Annexation; PUD Zoning. The District's obligations under this Agreement are contingent upon the full purpose annexation of the Gardens Tract by the City and final approval by the City of planned unit development ("PUD") zoning for the Gardens Tract reasonably acceptable to the District (the "Annexation and PUD Zoning Condition"). The City will notify the District within five days after the Annexation and PUD Zoning Condition has been finally satisfied. If the Annexation and PUD Zoning Condition has not been finally satisfied on or before six months after the Effective Date, the District may terminate this Agreement. The Developer and the City agree that, once the Annexation and PUD Zoning Condition is satisfied, (i)the PUD zoning for the residential portion of the Gardens Tract may not be changed or modified in a manner that would allow the Developer to place more than 12o detached single-family residential {Wo646173.8} 4 structures on the Gardens Tract without the prior consent of District; and (ii)the PUD zoning for the commercial portions of the Gardens Tract may not be changed or modified in any material manner without the prior consent of the District. F. Development in Accordance with Concept Plan. The Developer agrees that the Gardens Tract will be developed as detached single-family residential and commercial uses in accordance with the land plan attached as EXHIBIT"C" (the"Land Plan"). Any material deviations from or changes to the Land Plan will be subject to the District's prior written approval. G. Restrictive Covenant. On or before the Effective Date,the Developer must deliver an original of the Restrictive Covenant attached as EXHIBIT"D"to the District for recording, executed and acknowledged by the current legal owner(s) of the Gardens Tract,and joined in by any holders of liens against such property. H. Fence Behind 1.2 Acre Commercial Parcel. The Developer is required to construct a masonry fence behind the 1.2 acre commercial parcel within the Property, as depicted on the fencing legend attached as EXHIBIT"E", at or before the time that the 1.2 acre commercial parcel is developed. The exact type of fencing will be subject to the District's reasonable approval in order to ensure that such fencing is consistent and harmonious with other subdivision fencing within the District. I. Payment for Retail Service. The City will bill wastewater customers within the Gardens Tract directly for retail wastewater services furnished to such customers. Section 3. Default. In the event of default by a Party,each nondefaulting Parry may give to the defaulting Party written notice of such default specifying the failure or default in question. If the defaulting Party fails to fully cure the default specified in such notice within thirty days after receipt of such notice, each nondefaulting Party will have the right to terminate this Agreement as of the date of the event of the default and/or pursue all other legal or equitable remedies. Each nondefaulting Party may employ attorneys to pursue its legal rights and, if it prevails before any court or agency of competent jurisdiction, the defaulting Party will be obligated to pay all expenses incurred by the nondefaulting Parry, including reasonable attorneys'fees. In addition to all other remedies available to the District, if, for any reason, the Developer or the City violates any provision of this Agreement, the District will, after the notice and opportunity to cure period described above, have the right to disconnect the Gardens Tract from the District's systems and to terminate this Agreement if, in which event, the Developer will be solely responsible for all actual costs and standard District fees related to disconnection from the District's systems. Section 4. Severability. The provisions of this Agreement are severable,and if any provision or part of this Agreement or the application thereof to any person or circumstance is ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances will not be affected thereby. Section 5. Modification. This Agreement will be subject to change or modification only with the mutual written consent of all Parties. Section 6. Assignability. This Agreement may not be assigned by the Developer or the City, in whole or in part,without the prior written consent of the District. Notwithstanding the foregoing, (a)the Developer may partially assign its right, title, and interest in and to this {Wo646173.81 5 Agreement with respect to the residential portion of the Gardens Tract depicted on the Land Plan (the "Residential Area") to RMD Holdings, LP, a Texas limited partnership ("RMD"); and (b) RMD may then assign such interest in this Agreement to The Gardens at Mayfield, LLC, a limited liability company organized under the laws of the State of Mississippi that is registered to do business in the State of Texas, provided that, in each case, the applicable assignee accepts such assignment, assumes and agrees to perform all of the Developer's obligations hereunder as to the Residential Area, and promptly provides written notice of the assignment to the District and the City, which notice must include a copy of the assignment and assumption instrument and contact information for the assignee for purposes of notice under this Agreement. Further, it is contemplated that The Gardens at Mayfield, LLC may subsequently assign its rights under this Agreement to a property or homeowner's association established under a properly recorded condominium declaration that encompasses the Residential Area; however, any such assignment will be subject to the District's reasonable approval. This Agreement may be recorded in the Official Public Records of Williamson County, Texas, runs with the land comprising the Gardens Tract, and is binding upon and inures to the benefit of the Developer, the District,the City,and their respective successors and permitted assigns. Section 7. Applicable Law. This Agreement will be governed by, and construed in accordance with the laws of the State of Texas. All of the obligations contained in this Agreement are performable in Williamson County,Texas. Section 8. Parties at Interest. This Agreement will be for the sole and exclusive benefit of the Parties hereto and will never be construed to confer any benefit to any third party. Section 9. Waiver. Each Party may specifically, but only in writing, waive any breach of this Agreement by another Party, but no such waiver will be deemed to constitute a waiver of similar or other breaches by such other Party. Section io. Notices. All notices to the District must be in writing and mailed by Certified Mail,Return Receipt Requested,addressed to: Vista Oaks Municipal Utility District c/o Armbrust&Brown,PLLC Attn:John W. Bartram loo Congress Avenue, Suite 1300 Austin,Texas 78701 with a copy to: Vista Oaks Municipal Utility District c/o Crossroads Utility Services LLC Attn: Andrew Hunt 2601 Forest Creek Drive Round Rock,TX 78665 All notices to the Developer must be in writing and mailed by Certified Mail, Return Receipt Requested,addressed to: Palmer Investments, LP Attn: Michael Palmer no E Main Street Round Rock,Texas 78664 Mo646173.81 6 with a copy to: D. Scott Hesslemeyer,P.C. 211 Round Rock Blvd. Round Rock,Texas 78664 All notices to the City must be in writing and mailed by Certified Mail, Return Receipt Requested,addressed to: City of Round Rock c/o City Manager 221 East Main Street Round Rock,Texas 78664 with a copy to: City of Round Rock c/o: Sheets&Crossfield, P.C. Attn: Charlie Crossfield 3og East Main Street Round Rock,TX 78664 Any Party may change its address by giving written notice of such change to the other Parties. Section ii. Term. This Agreement will be in force and effect for a term of ten years from the Effective Date. Section 12. Effective Date. The effective date of this Agreement (the "E ective Date") is the date that the District executes this Agreement after receipt of fully executed original counterparts from the Developer and the City. Section 13. Multiple Originals. This Agreement may be executed in a number of counterparts, each of which will for all purposes, be deemed to be an original, and all such counterparts will together constitute and be one and the same instrument. Section 14. Entire Agreement. This Agreement,including Exhibits, constitutes the entire agreement of the Parties and supersedes all prior agreements and understandings related to the subject matter hereof. Section 15. Authority. Each Party represents and warrants that it has the full right, power, and authority to execute this Agreement and all related documents. Each person executing this instrument on behalf of a Party represents that he or she is an authorized representative of and has the authority to sign this document on behalf the respective Party. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below to be effective as of the Effective Date. [counterpart signature pages follow] f W0646i73.81 7 COUNTERPART SIGNATURE PAGE TO AGREEMENT FOR PASS-THROUGH WASTEWATER SERVICE [GARDENS AT MAFIELD RANCH] DISTRICT: VISTA OAKS MUNICIPAL UTILITY DISTRICT Mike Asb , President Board of Directors Date: August 10, 2015 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on k , 2015, by Mike Asbury , President of the Board of Direc rs of Vista Oaks Municipal Utility District, a political subdivision of the State of Texas operating under Chapters 49 and 54 of the Texas Water Code, on behalf of said district. (seal) otary P lic Signature JlJJlrr!!lrllllJ!!!�'y'q JENNIFER SCHOLL NOTARY PUBLIC ;i� State of Texas WComm.Exp.0128-2019 2yvlJrJJrrrrrvrirrrrrJecs® {Wo646173.81 8 COUNTERPART SIGNATURE PAGE TO AGREEMENT FOR PASS-THROUGH WASTEWATER SERVICE [GARDENS AT MAFIELD RANCH] DEVELOPER: PALMER INVESTMENTS, LP, a Texas limited partnership By: PALMER GROUP, LLC, a Texas limited liability company,its General Partner By: Name: "'g.g Title: CY\-� 6-e�Q_ Date: 1205 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § his ' ent was aelpoWledgV before me on , 2015, by of Palmer Group, a Texas limited liability company, General Partner of Palmer Investments, LP, a Texas ' ted partnership, on behalf of said limited liability company and limited partnership. SharonutA9ic;Stat My Com asslon Ewres •'••,?�o„�' May 25,2016 N tary lic Signa4e {Wo646173.8} 9 COUNTERPART SIGNATURE PAGE TO AGREEMENT FOR PASS-THROUGH WASTEWATER SERVICE [GARDENS AT MAFIELD RANCH] CITY: CITY OF ROCK,TEXAS By. / an McGraw,Mayor Date: THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on Im 222., , 2015, by Alan McGraw, Mayor of the City of Round Rock, Texas, a home rue municipality located in Williamson County,on behalf of said municipality. (seal) Notary Public Signature SARA LEIGH WHITE ''_ MY COMMISSION EXPIRES July 11,2016 {Wo646173.8} 10 CONSENT AND SUBORDINATION BY LIENHOLDER R Bank,a Texas state bank("Lender"),is the present legal and equitable owner and holder of certain indebtedness of Palmer Investments,LP,a Texas limited partnership("Owner"),which is secured by, among other things, a deed of trust lien granted in a Deed of Trust dated April 24, 2014 from Owner to Mike Shaw, Trustee, recorded under Document No. 2014033o87, Official Public Records of Williamson County,Texas (the"Lien"). Lender hereby joins in this Agreement for Pass-Through Wastewater Service f Gardens at Mayfield Ranch] (the "Agreement") for the sole purpose of consenting to the Agreement and subordinating the Lien and all other liens it may have securing such indebtedness to the Agreement. The undersigned has the authority to execute this Consent and Subordination on behalf of Lender and represents,in that regard,that all corporate action has been taken by Lender to make this a binding Consent and Subordination. LENDER: R BANK, a'Teexas state bank P Name: J. �u-�s�E' Title: 6VP THE STATE OF TEXAS § COUNTY OF W',\Lt This instrument was acknowledged before me on�S , 2015, by of R Bank, a Texas state bank, on behalf of said bank. LISA MASCARO .Jti�R' a�B••• Notary Public,State of Texas (seal "_� MY Commission Expires +r +.� June 09, 2019 Notary Public Signature {Wo646173.8} 11 EXHIBIT"A" GARDENS TRACT �1 � sERLrt1 Landesign Services, Inc, 1220 MacNeil Road T-A U1 Suite 200 Q SLTT2FEIr0�2S d, Round Rock,Texas 78681 � Firm Registration No. 10001800 } 512-238-7901 office FST 200 512-238-7902 fax EXHIBIT" METES AND BOUNDS DESCRIPTION TRACT 1 BEING 5.000 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., OUT OF JOHN D.ANDERSON SURVEY,ABSTRACT NO. 16,AND BEING A PORTION OF A 38.51 ACRE TRACT CONVEYED TO PALMER INVESTMENTS L.P., RECORDED IN DOCUMENT NUMBER 2004032263 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2' rebar found with cap marked "RJ Surveying" in the east line of said 38.51 acre tract, in the west line of a called 237.026 acre tract recorded in Document No.2001040254 of the O.P:R.W.C.T.for the northeast corner of a called 3.936 acre tract described as Arterial Ff in Document No.2006013003 of the O.P.R.T.C.T. THENCE crossing through said 38.51 acre tract and the north line of said Arterial H the following two (2) courses: 1. Along a curve to the right, having a radius of 1350.00 feet,a delta angle of 34°43'05",a length of 81:8.02 feet and a chord which bears South 51'36'32" West a distance of 805.57 feet to a 112"iron rod found with cap marked"RJ Surveying'; 2. South 68'58'04" West a distance of 497.44 feet to a 1/2" iron rod with cap marked "LANDESIGN"set for the POINT OF BEGINNING; THENCE South 68x58'04"West with the north line of said Arterial H a distance of 408.90 feet to a calculated point in the existing east right-of-way line of Sam Bass Road (County Road 175) (R.O.W.Varies), the west line of said 38.51 acre tract and the northwest corner of said 3.936 acre tract, from which a 1/2" iron rod found with cap marked "RJ Surveying" bears North 75'30'1:7"West a distance of 0.54 feet; THENCE along the existing east right-of-way line of said Sam Bass Road and west line of said 38.51 acre tract.the following two(2)courses: 1. Along a curve to the left, having a radius of 1107.91 feet, a delta angle of 17°36'13", a length of 340.40 feet and a chord which bears North 3733'51" West a distance of 339:06 feet to a 1/2"iron rod found with cap marked"CCC 4835"; Page 1 of 2 LMx Sam 6ass%FN0TES%TRACT l.d= (W0646173.8} 2. North 46°18'04"West a distance of 152.85 feet to a 1/2" iron rod with cap marked "LANDESIGN"set; THENCE crossing through said 38.51 acre tract the following four(4)courses: 1. North 4310'03" East a distance of 206;58 feet to a 1/2" iron rod with cap marked "LANDESIGN"set; 2. Along a curve to the right, having a radius of 108.00 feet, a delta angle of 60'57"41°, a length of 11.4.91 feet and a chord which bears North 70°18`49" East a distance of 109.57 feet to a 1/2"iron rod with cap marked"LANDESIGN"set; 3. South 76"45'23" East a distance of 202.17 feet to a 1/2" iron rod with cap marked "LANDEMN"set`, 4. South 3405636"East a distance of 449.91 feet to the POINT OF BEGINNING. This parcel contains.5.000 acres of land, out of the John D. Anderson Survey No. 16, in Williamson County, Texas. Description prepared from an on-the-ground survey made during October, 2014.All bearings are based Texas Central Zone 4203 State Plane Grid, derived from VRS Coordinates provided by the Texas Cooperative Network Reference Stations and where scaled from point number'I utilizing a scale factor of 1.0001266062 -;j6seph eavers Date Registered Professional Land Surveyor at State of Texas No.4938QQ�vi s/'r.-0�;�� JOSE.9:3 BEAVERS Job Number:355-14-01 tk�`Q Attachments:Survey Drawing L138 ac.Sam BassiDWGS13550101.dwg 5r •., Fss�a:• o 5041 Page 2of2 UM x.Sam 83z%FNOTESVTRACT 1.do= 1W0646173.81 sl~ Landes gn Services, Inc, 1220 McNeil Road I'Al\''N 01 Suite 200 SLTRZTE,'L ORS- d .', ` . Round Rock,Texas 78681 :O Firm Registration No,10001800 } 512-238-7901 office FsT 2P° 512-238-7902 fax EXHIBIT" METES AND BOUNDS DESCRIPTION—TRACT 2 BEING 28.260 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES, INC., OUT OF JOHN D.ANDERSON SURVEY,ABSTRACT NO. 16,AND BEING A PORTION OF A 38.51 ACRE TRACT CONVEYED TO PALMER INVESTMENTS L.P., RECORDED IN DOCUMENT NUMBER 2004032283 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED.BY METES AND BOUNDS AS FOLLOWS: POINT OF BEGINNING at a 1f2"rebar found with cap marked"RJ Surveying"in the east line of said 38.51 acre tract, in the west line of a called 237.026 acre tract recorded in Document No.2001040254 of the O:P.R.W.C:T.for the northeast corner of a called 3.936 acre tract described as Arterial H in Document No.2006013003 of the O.P.R.T.C.T. THENCE crossing through said 38.51 acre tract and the north line of said Arterial H the following two(2)courses: 1. Along a curve to the right, having a radius of 1350.00 feet,a delta angle of 34'43'05",a length of 818.02 feet and a chord which bears South 51°36'32" West a distance of 805.57 feet to a 1/2"iron rod found with cap marked"RJ Surveying 2. South 68*58'04" West a distance of 497.44 feet to a 1/2" iron rod with cap marked "LANDESIGN"set for the; THENCE crossing through said 38.51 acre tract the following four(4)courses: 1. North 34'55'36" West a distance of 449.91 feet to a 1/2" iron rod with cap marked "LANDESIGN"-set; 2. North 76°45'23"West a distance of 202.17 feet to a 112" iron rod with cap marked "LANDESIGN"set; 3. Along a curve to the left, having a radius of 108.00 feet, a delta angle of 60'5741", a length of 114.91 feet and a chord which bears South 70'18'49" West a distance of 109.57 feet to a 1/2"iron rod with cap marked"LANDESIGN"set; Page 1 of 2 utas x,sam 38SSWH01'ES%V'ACrZd= 1W0646173.81 4. South 43°10'03" West.a distance of 206.58 feet to a 1/2" iron rod with cap marked "LANDESIGN" set in the existing east right-of-gray line of Sam Bass Road (County Road 175)(R.O.W.Varies)and the west line of said 38.51 acre tract; THENCE North 46°18'04'West along the existing east right-of-way line of said Sam Bass Road and the west line of said 38.51 acre tract a distance of 155.46 feet to a calculated point for the northwest corner of said 38.51 acre tract and in the west line.of said 237.026 acre tract; THENCE North 5525'47":East with the north line of said 38.51 acre tract and the west line of said 237.026 acre tract a distance of 20.30 feet to a 1/2"iron rod found with cap marked "SOLIS KANAK"for the northwest corner of a 0.037 acre tract recorded in Document No. 20.03052999 of the.O.P.R.W.C.T.; THENCE South 46021'24" East crossing through said 38.51 acre tract and with the west line of said 0.037 acre tract a distance of 40.86 feet to a 112" iron rod found with cap marked"SOLIS KANAK"for the southwest comer of said 0.037 acre tract; THENCE North 55024'56"East crossing through said 38.51 acre tract and the south line of said 0.037 acre tract a distance of 40.85 feet to a 1/2" iron rod found with cap marked "SOLIS KANAK"for the southeast corner of said 0.037 acre tract; THENCE North 46016'56"West,crossing through said 38.51 acre tract and the east line of said .0.037 acre tract a distance of 40.83 feet to a 1/2" iron rod found with cap marked "SOLIS KANAK"for the northeast comer of said 0.037 acre tract,.In the north fine of said 38.51 acre°tract and the west line of said 237.026 acre tract; THENCE North 55'2547"East with the north line of said 38.51 acre tract and the west line of said 237.026 acre tract a distance of 1906.45 feet to a 1/2" iron rod found for the northeast corner of said 38.51 acre tract;. THENCE South 20'21°33"East with the east line of said 38.51 acre tract and the west line of said 237.026 acre tract a distance of 824.17 feet to the POINT OF BEGINNING. This parcel contains 28.260 acres of land, out of the John D. Anderson Survey No. 16, in Williamson County, Texas. Description prepared from an on-the-ground survey made during October, 2014,All bearings are based Texas Central Zone 4203 State Plane Grid, derived from VRS Coordinates provided by the Texas Cooperative Network Reference Stations and where scaled from point number 1 utilizing a scale factor of 1.0001266062 Joseph Beavers Date .,.;».., Registered Professional Land Surveyor A, 0% �AF'.q co a. State of Texas No.4938 z JOSEpIi s"'�pv"'-B S f tp 493ft ti�Q. ft Job Number.355-14-01 �o Attachments:Survey Drawing L:13.8 ac.Sam Bass0WGSt3550101.dwg Page 2 of 2 L,Msm Sam aas MOTEMTRAGT 2.dwx (W0646173.8} L'Imes gn 5e v ces, Inc, 1220 McNeil Road LANA N Suite 200 Round Rock,Texas 78681 ct n� Firm Registration No.10001800 512-238-.7901 office �Sr: - 2002 512-238-7902 fax EXHIBIT" " METES AND BOUNDS DESCRIPTION—TRACT 3 BEING 1.266 ACRES OF LAND, SURVEYED. BY LANDESIGN SERVICES, INC., OUT OF JOHN D.ANDERSON SURVEY,,ABSTRACT NO. 16,AND AND BEING A PORTION OF A 38.51 ACRE TRACT CONVEYED TO PALMER INVESTMENTS L.P., RECORDED IN DOCUMENT NUMBER 2004032263 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P:R.W.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2" rebar found with cap marked "RJ Surveying" in the east tine of said 38.51 acre tract; in the west line of a called 237.026 acre tract recorded in Document No. 2001040254 of the O.P.R.W.C.T. for the northeast comer of a called 3.936 acre tract described as Arterial H in Document-No.2006013003 of the O.P.R.W.C.T. THENCE South 20°21'33"East with the east line of said 3.936 acre tract and the west line of said 237.026 acre tract a distance of 120.60 feet to a nail found for the POINT OF BEGINNING; THENCE South 20'21'33" East with east line of said 3.8.51 acre tract and the west line of said 237.026 acre tract a distance of 224.99 feet to a fence post for the southeast corner of said 38.51 acre tract, the southwest corner of said 237.026 acre tract and in the north line of Lot 24A, Block A, Vista Oaks Section 5B, Phase 2 a subdivision of record in Document No. 200058131 of the OP.R.W.C.T.; THENCE along the south line of said 38.5'1 acre tract and the north line of said Block A, Vista Oaks, Section 5B, Phase 2 and the north line of Block A, Vista Oaks, Section 6G a subdivision of record in Document No. 2000027589 of the O.P.R.W.C.T.the following two (2)courses: 1. South 69042'52"West a distance of 399.90 feet to a 1/2"iron rod found; 2. South 68058'04"West a distance of 364.95 feet to a 1/2"iron rod found in the north line of Lot 37, Block A, Vista Oaks, Section 6C and in the south line of said 3.936 acre tract; Page 1 or-2 M6 m Sam 6=zTNCTES'rPACF 3.d= (W0646173.8) THENCE along a curve to the left, crossing through said 38..51 acre tract and with the south line of said 3.936 acre tract having a radius of 4450.00 feet, a delta angle of 31'57'25", a length of 806.84 feet and a chord which bears North 52°59'22" East a distance.of 798.30 feet to the.POINT OF BEGINNING. This parcel contains 1.266 acres.of land, out of the John D. Anderson Survey No. 16, in Williamson County, Texas. Description prepared from an on-the-ground survey made during October, 2014. All bearings are based Texas Central Zone 4203 State Plane Grid, derived from VRS Coordinates provided by the Texas Cooperative Network Reference Stations and where scaled from paint number 1 utilizing a scale factor of 1.0001266062 Joseph Beavers Date Registered Professional Land Surveyor State of Texas No.4938 Job Number 355-14-01 t:JOSEPH 8EAVERS Attachments:Survey Drawing L:138 ac.Sam BassiDWGSl35501otdwg 9 4938 Q: . 4 ° sU%'4 Page 2 of 2 L:M SUM 02SST-NOTES\TRACT 3.do= (W0646173.8} WW UFW �✓��i�� Vx 1. � ;>.r t�Ctg8ySO N< . SCALE: 1"=200' GRAPHIC SCtE IN FEET 0 100 200 300 400 O COU GARDENS OF M AYFaIIE LD POINT OF INTERSECTION 0-4 nit 1 1� �1v a W W /; y DISTRICT WW �+ POINT OF INTERSECTION 0 ya. EXHIBIT B Iq. itl0-iL115 W lu'A gn REM m puyso<ms n.tm � •1 Igt511pst{"1 ENGINEENING srt runty 3 Land Summary T. ,•MIM RESr 8.3 AcUnit Breakdown . Unit Type Count Percentage ..�' • �I Ii` ,Pad Is 11s% Credit ,� — �. 40.55 Pad 43 35.8% 50.50 Pad 14 11.7% 50A0 Pad 25 10.0% 50.65 Pad 13 19.2% 30%Replacement Tree Credit 1,377.T Replacement Req.1,ed -1.434.5' A OIL uired .01 All V-1 d jig \ �,•�- r �, �!i 'tom , i_M � The Gardens at Mayfield Ranch PRELIMINARY CONCEPTUAL SITE PLAN C2 V l Round Rock,Texas IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII R10 ESPGS 20107297 =W'"D" THE STATE OF TEXAS § § COUNT'OF VdILL LkMSOI\T § Z!e'T-=ILH R, PEl,I..lt . IT\,TVT, :WM, Fes, a Texas limited partnership (the " ee)is the owner of that real property situated in ITcrFlliamson County,'Texas,which is more particularly described on Eir u-h- t"Af attached hereto and incorporated herein by reference (the"Pr_po e�rf ");and as a condition to the provision of wastewater service to the Property,Nista Oaks Municipal Utility District (the"District"),the City of Round Rock,Texas, and the Owner have agreed that the Property should be impressed with certain covenants and restrictions running with the land and desire to set forth such agreement in writing; NOWT:TT-M=ORE,for good and valuable consideration,the receipt and sufficiency of which are hereby aclmowledged, the Owner agrees as follows, which agreement will he deemed a covenant running with the land comprising the Property and be binding on the Owner,its successors and assigns: 1. Except as otherwise expressly provided by this Paragraph i, the use of the Property is restricted to uses which discharge wastewater that does not constitute"nondomestic sewage", as defined by Section 44-51 of the Code of the City of Round Rock, as amended from time to time (the "Pretreatment Program"), and the discharge of nondomestic sewage is not permitted from any use within the Property. If the wastewater discharged by any use constitutes nondomestic sewage,the Owner is required to pretreat the wastewater prior to its release from the portion of the Property at which the use is located,in accordance with requirements of the Pretreatment Program. Any fees or charges incurred or imposed in connection with the discharge of nondomestic sewage from any portion of the Property will be the sole responsibility of the discharging party. 2. No changes may be made to the use of the Property that would change the wastewater characteristics from domestic sewage, except when in compliance with Paragraph i above. Nor may any changes be made to the use of the Property that would increase the quantity of wastewater generated into the District's wastewater collection system by the Property to more than 135 living unit equivalents of pass-through wastewater utility service,not to exceed,under any circumstances,an aggregate peak wet weather wastewater flow of 126 gpm, without approval of the District,its successors or assigns. 3. Owner covenants and agrees that the wastewater collection facilities constructed within the Property will not be connected to, or receive wastewater from, any wastewater facilities located outside the boundaries of the Property. Owner,its successors and assigns,will not permit any wastewater generated outside the boundaries of the Property to be passed through to or received by the District's wastewater collection system. 4. No portion of the Property may contain a sexually oriented business as defined in Section 6-55,Round Rock City Code,as amended from time to time. 5. No bar,nightclub,or other establishment generating 51%or more of its revenues from the sale of alcoholic beverages, including any parking area designated to serve any such (W0646173.8) business,maybe located within boo feet of the District's boundaries. 6. No portion of the Properly may contain a commercial boarding kennel(indoor or outdoor),animal daycare or grooming facility,or veterinary clinic. 7. Periodic inspections will be performed by the District to monitor ongoing maintenance and compliance with this covenant and agreement. 8. If any person or entity purposely violates or attempts to violate the foregoing agreement and covenant, the District, or its successors or assigns, may impose a fine or fines, terminate pass-through wastewater service, and/or prosecute proceedings at law or in equity against the person or entity violating or attempting to violate this covenant and may prevent that person or entity from violating or attempting to violate this covenant. Each day of violation will constitute a separate offense. Any expenses associated with the enforcement of this agreement and covenant will be borne by and billed to the offending party. 9. If any part or provision of this agreement, and the covenant herein contained,is declared invalid, by judgment or court order, that invalidity will not affect any of the other provisions of this agreement, and the remaining portion of this agreement will remain in full force and effect. 10. Any failure of the District, its successors and assigns,to enforce this agreement and the covenant contained herein,whether the violations are known or not,will not constitute a waiver or estoppel of the District's right to do so. 11. This agreement may be modified,amended,or terminated only by joint action of both (a)a majority of the members of the Board of Directors of the District, or such other governing body as may succeed the Board of Directors of the District,and(b)the owners of the Property at the time of the modification,amendment,or termination. [signature page follows] (WO646173.8) EXECUTED this 5 day of Ma;4, ,2015. PALMER DWFSrAERM, LP, a Texas limited partnership By: PALMER GROUP, LLC, a Texas limited liability company,its General Per By; " , Q Name: Title: THE STATE OF TEXAS § COUNTY OF WILLIAMSON § ent owledged befo eon 2015, by of Palmer Group, LLC,a Texas 1' 'ted liability company,the mek-Inoydstments,LP,a Texas limited partnership,on behalf of said limited-liability company and limited artnership. Sharon A.Lastrapes otary Public Si a (seal) WaryPum'SUW of Tau = PAY commubnFg4.a May 25,2016 1W0646173.81 CONSENT AND SUBORDINATION BY LIENHOLDER R Bank,a Texas state bank("Lender"),is the present legal and equitable owner and holder of certain indebtedness of Palmer Investments,LP,a Texas limited partnership("Owner"),which is secured by, among other things, a deed of trust lien granted in a Deed of Trust dated April 24, 2014 from Owner to Mike Shaw, Trustee, recorded under Document No. 2014033o87, Official Public Records of Williamson County,Texas (the"Lien"). Lender hereby joins in this Restrictive Covenant for the sole purpose of consenting to the Restrictive Covenant and subordinating the Lien and all other liens it may have securing such indebtedness to the Restrictive Covenant. The undersigned has the authority to execute this Consent and Subordination on behalf of Lender and represents, in that regard,that all corporate action has been taken by Lender to make this a binding Consent and Subordination. LENDER: R BANK, a Texas state bank By: Pri Name: G 7-A(oc.us 8oele Title: EV P THE STATE OF TEXAS § COUNTY OF V)AU § This instrument was acknowledged before me on _ , 2015, by «U S i1e-- C �� of R Bank, a Texas state bank, on behalf of said bank. naY'P�B,, LISA MASCARO Notary PubliC•State of Texas MY Commission Expires (sea +:F•F;�+;,' dune 09, 2019 Notary Public Signature (W0646173.8) EXHIBIT"A" GARDENS TRACT sEn LrO Lmdes%gn Sexy.-c. * In 1220 McNeil Road w Iku11 Suifie'200 �- Bound Rock,Texas 78681 l=ii'rt Argisfiratton No..40001800 512-228-7901 office sT. .ZbOZ 3:12:X38-7902 fox EXHIBIT'` METES AND BOUNDS DESCRIPTION•- TRACT 1 BEING 5.0.00 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES; INC,,.OUT OF JOHN D.ANDERSON SURVEY,ABSTRACT NO, 16.,AND BEING.A PORTION OF A .38.61 ACRE TRACT CONVEYED TU PALMER INVESTMENTS LFP RECORDED 1N DOCUMENT NUMBER 2004032263 OF THE OFFICIAL PUBLI;G RECORDS OF WILLIAMSON COUNTY, TEXAS (O P.R.W C.T:) AND.BEING Mo.RE PARTICULARLY :DESCRIBED BY METES:AND BOUNDS.AS FOLLcANS: COMMENCING at.a 1rz rebar found with cap Marked '70 Surveying°i.irt the east line-of saId 3.8.51 acre tract,In the West line of a called 237:026.acre..tract recorded In Document No.20010:40254 of'te O:P:R bii C,T for the nor#heast.;ccn]er of a called'3.836 acre tract described as Arterial din Docurnent No;.2006093n03 oftlie O.P:R:T.C:T. THENCE crossing through said 38, 1 acre tract:and t13e.rior#la Brie.of said'Arterial FI the following two:(2)courses: 1. Alorig.a.curVe to the right,having.a radius of 1.350:00 feet,a delta-angle of 34`43905°;a length of 818:02 feet and a chord which bears South 51"36'32" 11Ves# a distance of 805.57 feet to a V20.iron roflbund with,cap marked"RJ Surveying"; 2, South 68°'58704"West a distance of 497.44 feet to a 112" iron real with: cap. marked "LANDESiGW set for the POINt OF BEGINNING; THENCE..South 88*58'w.1lwest with the north tine of said Arterial.H_a..distanoe of 408.990 feet to a calculated point in the ekisting east.gilt of pray Tine of Sam'Bass Rcad (Cmy Road 175) (ROW. Varies), the wast rias of said 38.51 acre tr-act:and the northwest coater of said 3.936 acre-tract':froth Which a W' .0 iron rod found Wth-cap Marhed "RJ.Sorveyltig" bears.North.75030'17-West.:a distance.of 0 54€eef; THENCE along the e4dsting east right-of:way:lige of-said Sabi Bass Road and west rie of said.38,51acre.tract the following two(2)courses: 7. Aliing:a curare to the teff}Jiav�ing.a radius of 1107 g'i fee#� a detia:angle of'I'7"3.6'13°; a length of 34.0:40 feet and'a chord which hears North 37033151" West a dMa ice of 330:06 feet to..a 1)211 iron:rod.'found with cap marked"CCC 483350; Page I.of 2 L=e:Sam 82Ss%FN6TEMTRACT 1-axx iWO646173.8) 2. North 4WIS'04"'VVa# g Otd(apce of 152.85 feet to a 11211 iron pp � "LAND6SI": 4with Cap marked THENCE crossing through said 38.51 acre tract,the following'fbu.*r.(4-).964rsqs: 1. North 43 10,031, East a distance of-20W,58 f6et to a 112m iron fad With -cap marked "LANIJESIGN"set 2. Alb 'a CUNOto,the right, having a radius pfl.08.0o feet,a.delta.an 49 length of 114,0f feet. and,a i;hdrd which bears North'10'1040" East ot Distance of 100.57 feet tO�,a.112'irort rod With cap marked"LANDES IGN! 3. South M45.23" East a distance of 202.17 feet to a im' iron.rodwith tap marked "LANDESIGN-set; 4, South 34055'36"East a distance of.449.91 feet to the POINT OF BEGINNING. This parcel contains 5,000 acres of land out of the John D. Anderson Sunray Na. 16, in Williamson County, Texas. Descripfionp ,prepared from an orl-he=grc$und -turvey made during October; 2M,4.AM-bearings are based Te)ms Net Central Zone.4-203, State Plane Ooi%. derived frotti VIRSCoordinates P . era I work Peiffirer me rovided by the Te)ms, Coop t!VL-. Stations and where sdaled Point r I Utilbft a sc :factor of 1.:000126062 from point nuM,136.. ali-B .� ph r.s septi eaverqDate Registered Professional Land Surveyor State of Texas No.40038 o _JO$8%I ff'OF8$�-, Job Number.,365-14.04 Attachrnents:$UmWDr�w&g.Li=ae.SarnBesskDWG-=560101,dv.gI I—.. .... Page 2 of 2 L,Ma SsmEIanIF?40YeMTRAqr tAMA (W0646173.81 Land t ���y%evo, Iris. 1222bWcNei.1 Road Q r tN Stiffe 20Q 5tIR1 .QRS Z Round Rock,.Texas 78681: Hohn Registration No 16001800 512-238 7901 office. Fsr xn9` 522-238-7902 fax EXHIBIT" METES,ARD:BOUNDS DESCRIPTION TRACT 2 BEING 28=260 ACRES OF LAND SURVEYED BY LANDESiGN SERUtCES, INC., OUT OF JOHN D,ANpERSON SURVEY,ABSTRACT NO. 16 AND BEINE.A PORTION OF A 3e.51 ACRE TRACT CONVEYED TO PALMER INVESTMENTS LP:, RECORQED IN DOCUMENT NUMBER 2004032265017 THE OFFICIAL PUBLIC REC.QRD,S OF ON COUNT WILLIAMS TEXAS' (0 P RW C;T).ANIS BEING 1t�l--; PARTICULARLY DESCRIBE[}SY IUIETES AMD BOUNDS AS FOLLOWS.- POINT OF BEGINNING at a VZ'mbar found with-cap 6i-arked'RJ$u veying"in.the east line of said 38.51 .acre tract, in the west line of a called 237.= acre tract recorded in Document No.200f D4D254 of the`*0:P:R.W:C T:for noritteast corner flf a called 3.936 acre tract described.as Arterial H in Docurnont No,2006013003 of the O;P.R.T.C.T. THENCE crossing through:said 38:51 acre tract and the northline of said Arterial H the following two:(2y courses 1. Along a_cutve.t. the-right; hawing._a radims,of 13511.00 feet,:a deft �ahgle of 34°43'05",a lengtft of 518:02.feet and a chord which bears South 5'f°36'32" West a:distances of 805,57 feet-to A 1/2"iron rod found wi' th:cap wracked."R1.Sii veying"' 2. South 68p5 '04" V11est,a distance.of 497.44 feet to a 1720 iron:rod with cap marked "LANiDESI. M',set;for tate; THENCE.crossing through-said 38.51 acre tract the following four(4)copmes: 1. North 34`35'36" West a distance.of 448.91: feet to.a 112" iron rod w.wlh cap-marked "LANDESIGGIV"''set; 2. North; 76'°45.'23"°West.a distance:of 20.17 feet.to a 112" iron rod with cap marked "LANDESIGN"set,. 3: Along a cutve to the left, having} a radius of 108,00 feet; a leita.angle of 6Q057'41"; a length,of 114491 fact and a chord wltt beats South 7&IV4W West a distance of 9.09:57 feet to a 112".1ron rod with bap marked"LANDESfGN"set, Page 1 of 2 L-W#ac Sam 80WFN0TFZTRACr8.d= (W0646173.8) 4. South 4:3'1.0'03° Uttsst a distance " of 206,58 feat to a V'2"iron rod with Cap.marked LANDESIGN"set in:the existing east right-of-way line .of.Sam Bass Road .(County Road 175)(R O.W.-Varies)and the west line of said:38.61 acretiacti THENCE North 4601884"West along the existing east right of-way line of said Sam Bass Road and the.incest line of said.38.51 acre:tract:a distance of`i65.46.feet to a calculated point for the northwest corder.of said 38:5'1 acre,tract and in the west line.of.said 237:026 acre tract; THENCE North'W25'47"East Will the north fine of said 38;51 acre tract and.the west line Of said 237.026 acre tract a distance of 20.30 feet to a 112"iron rad found with'cap marked "SQL.IS>KANAK°for the northwest:comer of a 0.037-acre tract recorded in Document Wo. 2003052999 of the.O.P.R.W,0,T.:,; THENCE South 46°21'24" East.crossing through aid 38.51 acre tract.and with the west lime of said .0-037 acre tract a distance of 40:86' 'fet to a 112" iron rod found with cap marked°":SOUS KANAK'for the southwest comer of said 0.037 acre'tract; THENCE.NQdh 55`24'56":East crosslrig through said 38.5'CaEre tract and the south rine of said Q-.037 acre tract a distance of 40.86:feet to a 1&,iron rod found with cap rna' ed. "SOLIS t<ANAW for the socrtheast corner of.said 0.037 acre tract; TMENiCE Nbrth 46"1' .West'crossing through said.38.51 acre tract and the east line of said 0:037 acre tract a distance of 40.03 feet to a MW JrOn rod fqund with rap imarked "SOU- S KANW,for the northeast*corner iif said 4:03?acm tradt;.In the north.line of W.d 38.51 acre tract and the west tine of said 2'37.026a;;Le tract, THENCE North'05`_?V47"East with the north line of said 38' 51.acre tract,and.:the v+test line of said' 237 026'acre tract a distance of 19W.45 feet to a I/2" rrocr tact found for the northeast corner of said 38.61'acre tract;: THE South 20"21'33"`Eastwith the east line of`s.aid:38,59 acre t.Vt0t aMd,the west line of said:237.026 acre tract a distance of 8N.17 feet to.the.POINT'OF BEGINNING: This parcel contains 28.260 acres of"iarict out of'the John p Andemon Survey Na. 16,in W(Gamson County, Texas. Description prepared fry, hn ' the-ground surveymade Mitring C3ctober:.2014 :AIl bearings are based Texas7 Central Zone 4203.State t''le�ne Grid, derived from TRS O60rdinates provided by the Texas Cooperative Netvyiprk Fteference Stations and where sealed from point number 1 utilizing a scale factor of 1.0.001.266062 Joseph Beavers Dater. Registered:Professional Land Sumeyor State of Texas No 4938 ;tc3sEP rB>~nit>rR .tab Number 355-44-01 Attachments:Surrey Drawing L:%38 am Sam BaWUMG 135SD1.Q1::d vg 5 U:> Page 2 of 2 03B-M Sam Bass1FNQTEWRACT 2.4= 1W0646173.81 S>~ I, n srsign �� ces, In. i22o McNeid'Road suite 200 Z Round Rack,:Texas 7868i Firm Registration No,=0180o n 512-238=7301 offide EXHIBIT .METES AND BOUND$DESCRIPTION—TRACT 3 BEING 1.266 ACRES OF LAND, SURVEYED. BY LANDESi.GN SERVICES, INC.,, OUT OF JOHN d.ANDERSON SURVEY;,ABSTRACT NO. 16,AND ANI)BEING-.A PORTION OF A X. 1 ACRE TRACT CONVEYED'ro PALMER INVESTMENTS L.P., RECORDED IN DOCUMENT NUMBER.2004:032263 F TI4E 0I=F1CIAL PUBLIC RECORDS OF *LLjAMSQN COUNTY, TEXAS iQ P R�}ta/C.T;).ftl ID SLING {MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. C.OMMENPING at a'112" rebar found with cap marked°RJ Survey in the;east line of said 38:51 acre tract; in the west 9.M of a called 237.026 acre tracf recorded in Document No .2001040254 of ills O.P:R'It1f.GT: for the northeast.comer,of.a called 8:936 acre tract described as Arterial H in.Document.No.2005093003 of the O:P,..R.W C.T. THENCE South 20°21'33"East with the east line of said 3.936 acre tract and the vuest line of said 237.025 acre tract a distance of 920;60 feet to a nail found for the POINT OF BEGINNING. THENCE South 20''21:`33"East with east line ofsaid 38,53 acre tractnd the rniest 4tie of said 237:026 acre tract a distance of 224.99 feet to a fi.nee post for tate southeast corner cif said 38 54 acne tract,.-the:southwest corner of said 237..028:acre:tract.andin the north fine of Lot 24A, Block-A,. Vista Oaks Section 613; Phase 2 a°subdivislorr Of record in Document No.20005813/ of the O.P.M C.T.; THENCE along_the south Une of,said 38.59 acre tract and.the north One of said Bloch A; Vista Oaks„Section 58,'Phase 2:and the north line of Block A;Vista Oaks, Section 6C a subdivision.of record in Document Nix,200t)©27688 of the O.P.fi l t C..L ft.follovVing two (2)coursest 1'. South 69042"52"West a distance of 390.00 feet to.a:112"iron rod found;. 2. South.68°58'04"West a distance of 364;95 feet to a M- "iron rod found in thenorth line of Lot 37, Stock A, Vista Oaks, Section 6G and in the south tine of said 3.936 acre tract; Page 1 of 2 ul.saa s.ms�o-wozesirtucraaoee f W0646173.8i THENCE along a curve to :the left;_crossing through said 38:51 acre tract and With the south. fine-Of said 3.935adze tract haviEtg a radius of '14x0:00 feet, a delta an81e of 31'57'25", a length .of 668.154 fit and: a chord Woh beats North 52°59'22" East a distance.o179.8:30 feet;to the POINT'OF BEGINNING. This parcel contains.'1.266 acres.of land, out of the John D, Anderson Survey No: 16, in Vlltlliamson County, Texas: Descrfptlon prepared fron an pf-the=ground survey.made during QctobeY, 209:4. All bearangs�are based.Texas Central Zona 4Zfl3..State Diane+grid,. derived from 11 GbQrdinafes Prouided by the•Texas Cooperative Nelwor•1c Refer Ce Statlons and.vsrhere scaled from paint number ( utilizing a scale factor of 1.-600*12'66062 Joseph Beavers Date Registered.Professional Land Surveyor State of Texas No.4.938 :lob Ngmber' 66-14 Di DOSE.. 8�'AVi=RS /+ilacMttents Siivey Rra}Ning 18 :SarTiSs�OWG5Q1�i7:dwg 493 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015072974 (h �� Ig �. Nancy E. Rister, County Clerk SON_ C Williamson County, Texas M August 19, 2015 03:33 PM FEE: $57.00 BARRICK ARMBRUST&BROWN PLLC 100 CONGRESS AVENUE STE 1300 AUSTIN, TX 78701 Page 2 of 2 t�»��, aaiEa'rsiencr;aeooc. f W0646173.81 Fencing Legend w r ltl�f' p 91 N Ylro gl0—Fm,.OFe$M Mvmnie+te.Cmm.rr,� -' ...,.... •. .. � iEtil Land Summary Am RFS Fvcd 191Ac � �, COM Iv[A1 SCA1. f��ls COM 9xrr] 7.2Ac It.� 1 Williamson StF , County Regional Park r� I ,f;' ,€ill; I 1! it RES .._/� Easement f" Parcel 2.1 AC. y / /, .• a 28.3 Ac. COM r Q` Parc d2 • CUM mop 'Parcel 1 LoavncrcW Raaxryraloero � Mash Reedaa�Vuttry Fmm RM 90GMfYUChOM�l79MN N St �-- s p � i •,.,.^ ParMers,LLC � FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2015015983 14 " Nancy E. Rister, County Clerk Williamson County, Texas August 28, 2015 11:56 AM FEE: $137.00 BARRICK ARMBRUST&BROWN PLLC r 100 CONGRESS AVENUE STE 1300 AUSTIN, TX 78701